Kentucky 2023 2023 Regular Session

Kentucky House Bill HB528 Introduced / Bill

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AN ACT relating to coverage for substance use disorder. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
SECTION 1.   A NEW SECTION OF SUBTITLE 17A OF KRS CHAPTER 304 3 
IS CREATED TO READ AS FOLLOWS: 4 
(1) As used in this section, "in-home program" means a program offered by a health 5 
care facility or health care professional for the treatment of substance use 6 
disorder which the insured accesses through telehealth as defined in KRS 7 
211.332. 8 
(2) Any health insurance policy, plan, certificate, or contract that provides coverage 9 
for substance use disorder shall provide coverage for the treatment of substance 10 
use disorder by: 11 
(a) An inpatient facility, which shall include, at a minimum, coverage for a stay 12 
of up to six (6) months; and 13 
(b) An in-home program. 14 
(3) Nothing in this section shall be construed to limit the coverage required by KRS 15 
304.17A-138 or any other law. 16 
SECTION 2.   A NEW SECTION OF ARTICLE 17C OF KRS CHAPTER 304 17 
IS CREATED TO READ AS FOLLOWS: 18 
Section 1 of this Act shall apply to limited health service benefit plans, including any 19 
limited health service contract as defined in KRS 304.38A-010. 20 
SECTION 3.   A NEW SECTION OF SUBTITLE 38A OF KRS CHAPTER 304 21 
IS CREATED TO READ AS FOLLOWS: 22 
Limited health service organizations shall comply with Section 1 of this Act. 23 
Section 4.   KRS 205.522 is amended to read as follows: 24 
(1) The Department for Medicaid Services and any managed care organization 25 
contracted to provide Medicaid benefits pursuant to this chapter shall comply with 26 
the provisions of Section 1 of this Act and KRS 304.17A-163, 304.17A-1631, 27  UNOFFICIAL COPY  	23 RS BR 1536 
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304.17A-167, 304.17A-235, 304.17A-257, 304.17A-259, 304.17A-515, 304.17A-1 
580, 304.17A-600, 304.17A-603, 304.17A-607, and 304.17A-740 to 304.17A-743, 2 
as applicable. 3 
(2) A managed care organization contracted to provide Medicaid benefits pursuant to 4 
this chapter shall comply with the reporting requirements of KRS 304.17A-732. 5 
Section 5.   KRS 205.6485 is amended to read as follows: 6 
(1) The Cabinet for Health and Family Services shall prepare a state child health plan 7 
meeting the requirements of Title XXI of the Federal Social Security Act, for 8 
submission to the Secretary of the United States Department of Health and Human 9 
Services within such time as will permit the state to receive the maximum amounts 10 
of federal matching funds available under Title XXI. The cabinet shall, by 11 
administrative regulation promulgated in accordance with KRS Chapter 13A, 12 
establish the following: 13 
(a) The eligibility criteria for children covered by the Kentucky Children's Health 14 
Insurance Program. However, no person eligible for services under Title XIX 15 
of the Social Security Act, 42 U.S.C. secs. 1396 to 1396v, as amended, shall 16 
be eligible for services under the Kentucky Children's Health Insurance 17 
Program except to the extent that Title XIX coverage is expanded by KRS 18 
205.6481 to 205.6495 and KRS 304.17A-340; 19 
(b) The schedule of benefits to be covered by the Kentucky Children's Health 20 
Insurance Program, which shall include preventive services, vision services 21 
including glasses, and dental services including at least sealants, extractions, 22 
and fillings, and which shall be at least equivalent to one (1) of the following: 23 
1. The standard Blue Cross/Blue Shield preferred provider option under 24 
the Federal Employees Health Benefit Plan established by 5 U.S.C. sec. 25 
8903(1); 26 
2. A mid-range health benefit coverage plan that is offered and generally 27  UNOFFICIAL COPY  	23 RS BR 1536 
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available to state employees; or 1 
3. Health insurance coverage offered by a health maintenance organization 2 
that has the largest insured commercial, non-Medicaid enrollment of 3 
covered lives in the state; 4 
(c) The premium contribution per family of health insurance coverage available 5 
under the Kentucky Children's Health Insurance Program with provisions for 6 
the payment of premium contributions by families of children eligible for 7 
coverage by the program based upon a sliding scale relating to family income. 8 
Premium contributions shall be based on a six (6) month period not to exceed: 9 
1. Ten dollars ($10), to be paid by a family with income between one 10 
hundred percent (100%) to one hundred thirty-three percent (133%) of 11 
the federal poverty level; 12 
2. Twenty dollars ($20), to be paid by a family with income between one 13 
hundred thirty-four percent (134%) to one hundred forty-nine percent 14 
(149%) of the federal poverty level; and 15 
3. One hundred twenty dollars ($120), to be paid by a family with income 16 
between one hundred fifty percent (150%) to two hundred percent 17 
(200%) of the federal poverty level, and which may be made on a partial 18 
payment plan of twenty dollars ($20) per month or sixty dollars ($60) 19 
per quarter; 20 
(d) There shall be no copayments for services provided under the Kentucky 21 
Children's Health Insurance Program; and 22 
(e) The criteria for health services providers and insurers wishing to contract with 23 
the Commonwealth to provide the children's health insurance coverage. 24 
However, the cabinet shall provide, in any contracting process for the 25 
preventive health insurance program, the opportunity for a public health 26 
department to bid on preventive health services to eligible children within the 27  UNOFFICIAL COPY  	23 RS BR 1536 
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public health department's service area. A public health department shall not 1 
be disqualified from bidding because the department does not currently offer 2 
all the services required by paragraph (b) of this subsection. The criteria shall 3 
be set forth in administrative regulations under KRS Chapter 13A and shall 4 
maximize competition among the providers and insurers. The Cabinet for 5 
Finance and Administration shall provide oversight over contracting policies 6 
and procedures to assure that the number of applicants for contracts is 7 
maximized. 8 
(2) Within twelve (12) months of federal approval of the state's Title XXI child health 9 
plan, the Cabinet for Health and Family Services shall assure that a KCHIP 10 
program is available to all eligible children in all regions of the state. If necessary, 11 
in order to meet this assurance, the cabinet shall institute its own program. 12 
(3) KCHIP recipients shall have direct access without a referral from any gatekeeper 13 
primary care provider to dentists for covered primary dental services and to 14 
optometrists and ophthalmologists for covered primary eye and vision services. 15 
(4) The Kentucky Children's Health Insurance Program[Plan] shall comply with: 16 
(a) KRS 304.17A-163 and 304.17A-1631; and 17 
(b) Section 1 of this Act. 18 
Section 6.   KRS 164.2871 is amended to read as follows: 19 
(1) The governing board of each state postsecondary educational institution is 20 
authorized to purchase liability insurance for the protection of the individual 21 
members of the governing board, faculty, and staff of such institutions from liability 22 
for acts and omissions committed in the course and scope of the individual's 23 
employment or service. Each institution may purchase the type and amount of 24 
liability coverage deemed to best serve the interest of such institution. 25 
(2) All retirement annuity allowances accrued or accruing to any employee of a state 26 
postsecondary educational institution through a retirement program sponsored by 27  UNOFFICIAL COPY  	23 RS BR 1536 
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the state postsecondary educational institution are hereby exempt from any state, 1 
county, or municipal tax, and shall not be subject to execution, attachment, 2 
garnishment, or any other process whatsoever, nor shall any assignment thereof be 3 
enforceable in any court. Except retirement benefits accrued or accruing to any 4 
employee of a state postsecondary educational institution through a retirement 5 
program sponsored by the state postsecondary educational institution on or after 6 
January 1, 1998, shall be subject to the tax imposed by KRS 141.020, to the extent 7 
provided in KRS 141.010 and 141.0215. 8 
(3) Except as provided in KRS Chapter 44, the purchase of liability insurance for 9 
members of governing boards, faculty and staff of institutions of higher education 10 
in this state shall not be construed to be a waiver of sovereign immunity or any 11 
other immunity or privilege. 12 
(4) The governing board of each state postsecondary education institution is authorized 13 
to provide a self-insured employer group health plan to its employees, which plan 14 
shall: 15 
(a) Conform to the requirements of Subtitle 32 of KRS Chapter 304; and 16 
(b) Except as provided in subsection (5) of this section, be exempt from 17 
conformity with Subtitle 17A of KRS Chapter 304. 18 
(5) A self-insured employer group health plan provided by the governing board of a 19 
state postsecondary education institution to its employees shall comply with: 20 
(a) KRS 304.17A-163 and 304.17A-1631; and 21 
(b) Section 1 of this Act. 22 
Section 7.   KRS 18A.225 is amended to read as follows: 23 
(1) (a) The term "employee" for purposes of this section means: 24 
1. Any person, including an elected public official, who is regularly 25 
employed by any department, office, board, agency, or branch of state 26 
government; or by a public postsecondary educational institution; or by 27  UNOFFICIAL COPY  	23 RS BR 1536 
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any city, urban-county, charter county, county, or consolidated local 1 
government, whose legislative body has opted to participate in the state-2 
sponsored health insurance program pursuant to KRS 79.080; and who 3 
is either a contributing member to any one (1) of the retirement systems 4 
administered by the state, including but not limited to the Kentucky 5 
Retirement Systems, County Employees Retirement System, Kentucky 6 
Teachers' Retirement System, the Legislators' Retirement Plan, or the 7 
Judicial Retirement Plan; or is receiving a contractual contribution from 8 
the state toward a retirement plan; or, in the case of a public 9 
postsecondary education institution, is an individual participating in an 10 
optional retirement plan authorized by KRS 161.567; or is eligible to 11 
participate in a retirement plan established by an employer who ceases 12 
participating in the Kentucky Employees Retirement System pursuant to 13 
KRS 61.522 whose employees participated in the health insurance plans 14 
administered by the Personnel Cabinet prior to the employer's effective 15 
cessation date in the Kentucky Employees Retirement System; 16 
2. Any certified or classified employee of a local board of education or a 17 
public charter school as defined in KRS 160.1590; 18 
3. Any elected member of a local board of education; 19 
4. Any person who is a present or future recipient of a retirement 20 
allowance from the Kentucky Retirement Systems, County Employees 21 
Retirement System, Kentucky Teachers' Retirement System, the 22 
Legislators' Retirement Plan, the Judicial Retirement Plan, or the 23 
Kentucky Community and Technical College System's optional 24 
retirement plan authorized by KRS 161.567, except that a person who is 25 
receiving a retirement allowance and who is age sixty-five (65) or older 26 
shall not be included, with the exception of persons covered under KRS 27  UNOFFICIAL COPY  	23 RS BR 1536 
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61.702(2)(b)3. and 78.5536(2)(b)3., unless he or she is actively 1 
employed pursuant to subparagraph 1. of this paragraph; and 2 
5. Any eligible dependents and beneficiaries of participating employees 3 
and retirees who are entitled to participate in the state-sponsored health 4 
insurance program; 5 
(b) The term "health benefit plan" for the purposes of this section means a health 6 
benefit plan as defined in KRS 304.17A-005; 7 
(c) The term "insurer" for the purposes of this section means an insurer as defined 8 
in KRS 304.17A-005; and 9 
(d) The term "managed care plan" for the purposes of this section means a 10 
managed care plan as defined in KRS 304.17A-500. 11 
(2) (a) The secretary of the Finance and Administration Cabinet, upon the 12 
recommendation of the secretary of the Personnel Cabinet, shall procure, in 13 
compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090, 14 
from one (1) or more insurers authorized to do business in this state, a group 15 
health benefit plan that may include but not be limited to health maintenance 16 
organization (HMO), preferred provider organization (PPO), point of service 17 
(POS), and exclusive provider organization (EPO) benefit plans 18 
encompassing all or any class or classes of employees. With the exception of 19 
employers governed by the provisions of KRS Chapters 16, 18A, and 151B, 20 
all employers of any class of employees or former employees shall enter into 21 
a contract with the Personnel Cabinet prior to including that group in the state 22 
health insurance group. The contracts shall include but not be limited to 23 
designating the entity responsible for filing any federal forms, adoption of 24 
policies required for proper plan administration, acceptance of the contractual 25 
provisions with health insurance carriers or third-party administrators, and 26 
adoption of the payment and reimbursement methods necessary for efficient 27  UNOFFICIAL COPY  	23 RS BR 1536 
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administration of the health insurance program. Health insurance coverage 1 
provided to state employees under this section shall, at a minimum, contain 2 
the same benefits as provided under Kentucky Kare Standard as of January 1, 3 
1994, and shall include a mail-order drug option as provided in subsection 4 
(13) of this section. All employees and other persons for whom the health care 5 
coverage is provided or made available shall annually be given an option to 6 
elect health care coverage through a self-funded plan offered by the 7 
Commonwealth or, if a self-funded plan is not available, from a list of 8 
coverage options determined by the competitive bid process under the 9 
provisions of KRS 45A.080, 45A.085, and 45A.090 and made available 10 
during annual open enrollment. 11 
(b) The policy or policies shall be approved by the commissioner of insurance 12 
and may contain the provisions the commissioner of insurance approves, 13 
whether or not otherwise permitted by the insurance laws. 14 
(c) Any carrier bidding to offer health care coverage to employees shall agree to 15 
provide coverage to all members of the state group, including active 16 
employees and retirees and their eligible covered dependents and 17 
beneficiaries, within the county or counties specified in its bid. Except as 18 
provided in subsection (20) of this section, any carrier bidding to offer health 19 
care coverage to employees shall also agree to rate all employees as a single 20 
entity, except for those retirees whose former employers insure their active 21 
employees outside the state-sponsored health insurance program and as 22 
otherwise provided in KRS 61.702(2)(b)3.b. and 78.5536(2)(b)3.b. 23 
(d) Any carrier bidding to offer health care coverage to employees shall agree to 24 
provide enrollment, claims, and utilization data to the Commonwealth in a 25 
format specified by the Personnel Cabinet with the understanding that the data 26 
shall be owned by the Commonwealth; to provide data in an electronic form 27  UNOFFICIAL COPY  	23 RS BR 1536 
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and within a time frame specified by the Personnel Cabinet; and to be subject 1 
to penalties for noncompliance with data reporting requirements as specified 2 
by the Personnel Cabinet. The Personnel Cabinet shall take strict precautions 3 
to protect the confidentiality of each individual employee; however, 4 
confidentiality assertions shall not relieve a carrier from the requirement of 5 
providing stipulated data to the Commonwealth. 6 
(e) The Personnel Cabinet shall develop the necessary techniques and capabilities 7 
for timely analysis of data received from carriers and, to the extent possible, 8 
provide in the request-for-proposal specifics relating to data requirements, 9 
electronic reporting, and penalties for noncompliance. The Commonwealth 10 
shall own the enrollment, claims, and utilization data provided by each carrier 11 
and shall develop methods to protect the confidentiality of the individual. The 12 
Personnel Cabinet shall include in the October annual report submitted 13 
pursuant to the provisions of KRS 18A.226 to the Governor, the General 14 
Assembly, and the Chief Justice of the Supreme Court, an analysis of the 15 
financial stability of the program, which shall include but not be limited to 16 
loss ratios, methods of risk adjustment, measurements of carrier quality of 17 
service, prescription coverage and cost management, and statutorily required 18 
mandates. If state self-insurance was available as a carrier option, the report 19 
also shall provide a detailed financial analysis of the self-insurance fund 20 
including but not limited to loss ratios, reserves, and reinsurance agreements. 21 
(f) If any agency participating in the state-sponsored employee health insurance 22 
program for its active employees terminates participation and there is a state 23 
appropriation for the employer's contribution for active employees' health 24 
insurance coverage, then neither the agency nor the employees shall receive 25 
the state-funded contribution after termination from the state-sponsored 26 
employee health insurance program. 27  UNOFFICIAL COPY  	23 RS BR 1536 
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(g) Any funds in flexible spending accounts that remain after all reimbursements 1 
have been processed shall be transferred to the credit of the state-sponsored 2 
health insurance plan's appropriation account. 3 
(h) Each entity participating in the state-sponsored health insurance program shall 4 
provide an amount at least equal to the state contribution rate for the employer 5 
portion of the health insurance premium. For any participating entity that used 6 
the state payroll system, the employer contribution amount shall be equal to 7 
but not greater than the state contribution rate. 8 
(3) The premiums may be paid by the policyholder: 9 
(a) Wholly from funds contributed by the employee, by payroll deduction or 10 
otherwise; 11 
(b) Wholly from funds contributed by any department, board, agency, public 12 
postsecondary education institution, or branch of state, city, urban-county, 13 
charter county, county, or consolidated local government; or 14 
(c) Partly from each, except that any premium due for health care coverage or 15 
dental coverage, if any, in excess of the premium amount contributed by any 16 
department, board, agency, postsecondary education institution, or branch of 17 
state, city, urban-county, charter county, county, or consolidated local 18 
government for any other health care coverage shall be paid by the employee. 19 
(4) If an employee moves his or her place of residence or employment out of the 20 
service area of an insurer offering a managed health care plan, under which he or 21 
she has elected coverage, into either the service area of another managed health care 22 
plan or into an area of the Commonwealth not within a managed health care plan 23 
service area, the employee shall be given an option, at the time of the move or 24 
transfer, to change his or her coverage to another health benefit plan. 25 
(5) No payment of premium by any department, board, agency, public postsecondary 26 
educational institution, or branch of state, city, urban-county, charter county, 27  UNOFFICIAL COPY  	23 RS BR 1536 
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county, or consolidated local government shall constitute compensation to an 1 
insured employee for the purposes of any statute fixing or limiting the 2 
compensation of such an employee. Any premium or other expense incurred by any 3 
department, board, agency, public postsecondary educational institution, or branch 4 
of state, city, urban-county, charter county, county, or consolidated local 5 
government shall be considered a proper cost of administration. 6 
(6) The policy or policies may contain the provisions with respect to the class or classes 7 
of employees covered, amounts of insurance or coverage for designated classes or 8 
groups of employees, policy options, terms of eligibility, and continuation of 9 
insurance or coverage after retirement. 10 
(7) Group rates under this section shall be made available to the disabled child of an 11 
employee regardless of the child's age if the entire premium for the disabled child's 12 
coverage is paid by the state employee. A child shall be considered disabled if he or 13 
she has been determined to be eligible for federal Social Security disability benefits. 14 
(8) The health care contract or contracts for employees shall be entered into for a 15 
period of not less than one (1) year. 16 
(9) The secretary shall appoint thirty-two (32) persons to an Advisory Committee of 17 
State Health Insurance Subscribers to advise the secretary or the secretary's 18 
designee regarding the state-sponsored health insurance program for employees. 19 
The secretary shall appoint, from a list of names submitted by appointing 20 
authorities, members representing school districts from each of the seven (7) 21 
Supreme Court districts, members representing state government from each of the 22 
seven (7) Supreme Court districts, two (2) members representing retirees under age 23 
sixty-five (65), one (1) member representing local health departments, two (2) 24 
members representing the Kentucky Teachers' Retirement System, and three (3) 25 
members at large. The secretary shall also appoint two (2) members from a list of 26 
five (5) names submitted by the Kentucky Education Association, two (2) members 27  UNOFFICIAL COPY  	23 RS BR 1536 
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from a list of five (5) names submitted by the largest state employee organization of 1 
nonschool state employees, two (2) members from a list of five (5) names submitted 2 
by the Kentucky Association of Counties, two (2) members from a list of five (5) 3 
names submitted by the Kentucky League of Cities, and two (2) members from a 4 
list of names consisting of five (5) names submitted by each state employee 5 
organization that has two thousand (2,000) or more members on state payroll 6 
deduction. The advisory committee shall be appointed in January of each year and 7 
shall meet quarterly. 8 
(10) Notwithstanding any other provision of law to the contrary, the policy or policies 9 
provided to employees pursuant to this section shall not provide coverage for 10 
obtaining or performing an abortion, nor shall any state funds be used for the 11 
purpose of obtaining or performing an abortion on behalf of employees or their 12 
dependents. 13 
(11) Interruption of an established treatment regime with maintenance drugs shall be 14 
grounds for an insured to appeal a formulary change through the established appeal 15 
procedures approved by the Department of Insurance, if the physician supervising 16 
the treatment certifies that the change is not in the best interests of the patient. 17 
(12) Any employee who is eligible for and elects to participate in the state health 18 
insurance program as a retiree, or the spouse or beneficiary of a retiree, under any 19 
one (1) of the state-sponsored retirement systems shall not be eligible to receive the 20 
state health insurance contribution toward health care coverage as a result of any 21 
other employment for which there is a public employer contribution. This does not 22 
preclude a retiree and an active employee spouse from using both contributions to 23 
the extent needed for purchase of one (1) state sponsored health insurance policy 24 
for that plan year. 25 
(13) (a) The policies of health insurance coverage procured under subsection (2) of 26 
this section shall include a mail-order drug option for maintenance drugs for 27  UNOFFICIAL COPY  	23 RS BR 1536 
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state employees. Maintenance drugs may be dispensed by mail order in 1 
accordance with Kentucky law. 2 
(b) A health insurer shall not discriminate against any retail pharmacy located 3 
within the geographic coverage area of the health benefit plan and that meets 4 
the terms and conditions for participation established by the insurer, including 5 
price, dispensing fee, and copay requirements of a mail-order option. The 6 
retail pharmacy shall not be required to dispense by mail. 7 
(c) The mail-order option shall not permit the dispensing of a controlled 8 
substance classified in Schedule II. 9 
(14) The policy or policies provided to state employees or their dependents pursuant to 10 
this section shall provide coverage for obtaining a hearing aid and acquiring hearing 11 
aid-related services for insured individuals under eighteen (18) years of age, subject 12 
to a cap of one thousand four hundred dollars ($1,400) every thirty-six (36) months 13 
pursuant to KRS 304.17A-132. 14 
(15) Any policy provided to state employees or their dependents pursuant to this section 15 
shall provide coverage for the diagnosis and treatment of autism spectrum disorders 16 
consistent with KRS 304.17A-142. 17 
(16) Any policy provided to state employees or their dependents pursuant to this section 18 
shall provide coverage for obtaining amino acid-based elemental formula pursuant 19 
to KRS 304.17A-258. 20 
(17) If a state employee's residence and place of employment are in the same county, 21 
and if the hospital located within that county does not offer surgical services, 22 
intensive care services, obstetrical services, level II neonatal services, diagnostic 23 
cardiac catheterization services, and magnetic resonance imaging services, the 24 
employee may select a plan available in a contiguous county that does provide 25 
those services, and the state contribution for the plan shall be the amount available 26 
in the county where the plan selected is located. 27  UNOFFICIAL COPY  	23 RS BR 1536 
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(18) If a state employee's residence and place of employment are each located in 1 
counties in which the hospitals do not offer surgical services, intensive care 2 
services, obstetrical services, level II neonatal services, diagnostic cardiac 3 
catheterization services, and magnetic resonance imaging services, the employee 4 
may select a plan available in a county contiguous to the county of residence that 5 
does provide those services, and the state contribution for the plan shall be the 6 
amount available in the county where the plan selected is located. 7 
(19) The Personnel Cabinet is encouraged to study whether it is fair and reasonable and 8 
in the best interests of the state group to allow any carrier bidding to offer health 9 
care coverage under this section to submit bids that may vary county by county or 10 
by larger geographic areas. 11 
(20) Notwithstanding any other provision of this section, the bid for proposals for health 12 
insurance coverage for calendar year 2004 shall include a bid scenario that reflects 13 
the statewide rating structure provided in calendar year 2003 and a bid scenario that 14 
allows for a regional rating structure that allows carriers to submit bids that may 15 
vary by region for a given product offering as described in this subsection: 16 
(a) The regional rating bid scenario shall not include a request for bid on a 17 
statewide option; 18 
(b) The Personnel Cabinet shall divide the state into geographical regions which 19 
shall be the same as the partnership regions designated by the Department for 20 
Medicaid Services for purposes of the Kentucky Health Care Partnership 21 
Program established pursuant to 907 KAR 1:705; 22 
(c) The request for proposal shall require a carrier's bid to include every county 23 
within the region or regions for which the bid is submitted and include but not 24 
be restricted to a preferred provider organization (PPO) option; 25 
(d) If the Personnel Cabinet accepts a carrier's bid, the cabinet shall award the 26 
carrier all of the counties included in its bid within the region. If the Personnel 27  UNOFFICIAL COPY  	23 RS BR 1536 
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Cabinet deems the bids submitted in accordance with this subsection to be in 1 
the best interests of state employees in a region, the cabinet may award the 2 
contract for that region to no more than two (2) carriers; and 3 
(e) Nothing in this subsection shall prohibit the Personnel Cabinet from including 4 
other requirements or criteria in the request for proposal. 5 
(21) Any fully insured health benefit plan or self-insured plan issued or renewed on or 6 
after July 12, 2006, to public employees pursuant to this section which provides 7 
coverage for services rendered by a physician or osteopath duly licensed under KRS 8 
Chapter 311 that are within the scope of practice of an optometrist duly licensed 9 
under the provisions of KRS Chapter 320 shall provide the same payment of 10 
coverage to optometrists as allowed for those services rendered by physicians or 11 
osteopaths. 12 
(22) Any fully insured health benefit plan or self-insured plan issued or renewed to 13 
public employees pursuant to this section shall comply with: 14 
(a) KRS 304.12-237; 15 
(b) KRS 304.17A-270 and 304.17A-525; 16 
(c) KRS 304.17A-600 to 304.17A-633; 17 
(d) KRS 205.593; 18 
(e) KRS 304.17A-700 to 304.17A-730; 19 
(f) KRS 304.14-135; 20 
(g) KRS 304.17A-580 and 304.17A-641; 21 
(h) KRS 304.99-123; 22 
(i) KRS 304.17A-138; 23 
(j) KRS 304.17A-148; 24 
(k) KRS 304.17A-163 and 304.17A-1631;[ and] 25 
(l) Section 1 of this Act; and 26 
(m) Administrative regulations promulgated pursuant to statutes listed in this 27  UNOFFICIAL COPY  	23 RS BR 1536 
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subsection. 1 
Section 8. Sections 1, 2, 3, 6, and 7 of this Act apply to policies, plans, 2 
certificates, and contracts issued or renewed on or after the effective date of this section. 3 
Section 9. If the Cabinet for Health and Family Services determines that a 4 
waiver or other authorization is necessary to implement Section 4 or 5 of this Act for any 5 
reason, including the loss of federal funds, the cabinet shall, within 90 days of the 6 
effective date of this section, request the waiver or authorization, and may only delay 7 
implementation of those provisions for which a waiver or authorization was deemed 8 
necessary until the waiver or authorization is granted. 9 
Section 10.   Sections 1 to 8 of this Act take effect January 1, 2024. 10