Kentucky 2023 Regular Session

Kentucky House Bill HB68 Latest Draft

Bill / Introduced Version

                            UNOFFICIAL COPY  	23 RS BR 112 
Page 1 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
AN ACT relating to coverage for injectable epinephrine devices. 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, "injectable epinephrine device" has the same meaning as 5 
in KRS 311.645. 6 
(2) A health benefit plan shall provide coverage for injectable epinephrine devices 7 
for persons eighteen (18) years of age and under. 8 
(3) Except as provided in subsection (4) of this section, coverage required by this 9 
section shall not be subject to copayments, coinsurance, deductibles, or any other 10 
cost-sharing requirements. 11 
(4) If the application of any requirement of this section would be the sole cause of a 12 
health benefit plan's failure to qualify as a Health Savings Account-qualified 13 
High Deductible Health Plan under 26 U.S.C. sec. 223, as amended, then the 14 
requirement shall not apply to that health benefit plan until the minimum 15 
deductible under 26 U.S.C. sec. 223, as amended, is satisfied. 16 
Section 2. KRS 205.522 (Effective January 1, 2023) is amended to read as 17 
follows: 18 
(1) The Department for Medicaid Services and any managed care organization 19 
contracted to provide Medicaid benefits pursuant to this chapter shall comply with 20 
the provisions of Section 1 of this Act and KRS 304.17A-163, 304.17A-1631, 21 
304.17A-167, 304.17A-235, 304.17A-257, 304.17A-259, 304.17A-515, 304.17A-22 
580, 304.17A-600, 304.17A-603, 304.17A-607, and 304.17A-740 to 304.17A-743, 23 
as applicable. 24 
(2) A managed care organization contracted to provide Medicaid benefits pursuant to 25 
this chapter shall comply with the reporting requirements of KRS 304.17A-732. 26 
Section 3.   KRS 205.6485 (Effective January 1, 2023) is amended to read as 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 2 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
follows: 1 
(1) The Cabinet for Health and Family Services shall prepare a state child health plan 2 
meeting the requirements of Title XXI of the Federal Social Security Act, for 3 
submission to the Secretary of the United States Department of Health and Human 4 
Services within such time as will permit the state to receive the maximum amounts 5 
of federal matching funds available under Title XXI. The cabinet shall, by 6 
administrative regulation promulgated in accordance with KRS Chapter 13A, 7 
establish the following: 8 
(a) The eligibility criteria for children covered by the Kentucky Children's Health 9 
Insurance Program. However, no person eligible for services under Title XIX 10 
of the Social Security Act, 42 U.S.C. secs. 1396 to 1396v, as amended, shall 11 
be eligible for services under the Kentucky Children's Health Insurance 12 
Program except to the extent that Title XIX coverage is expanded by KRS 13 
205.6481 to 205.6495 and KRS 304.17A-340; 14 
(b) The schedule of benefits to be covered by the Kentucky Children's Health 15 
Insurance Program, which shall include preventive services, vision services 16 
including glasses, and dental services including at least sealants, extractions, 17 
and fillings, and which shall be at least equivalent to one (1) of the following: 18 
1. The standard Blue Cross/Blue Shield preferred provider option under the 19 
Federal Employees Health Benefit Plan established by 5 U.S.C. sec. 20 
8903(1); 21 
2. A mid-range health benefit coverage plan that is offered and generally 22 
available to state employees; or 23 
3. Health insurance coverage offered by a health maintenance organization 24 
that has the largest insured commercial, non-Medicaid enrollment of 25 
covered lives in the state; 26 
(c) The premium contribution per family of health insurance coverage available 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 3 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
under the Kentucky Children's Health Insurance Program with provisions for 1 
the payment of premium contributions by families of children eligible for 2 
coverage by the program based upon a sliding scale relating to family income. 3 
Premium contributions shall be based on a six (6) month period not to exceed: 4 
1. Ten dollars ($10), to be paid by a family with income between one 5 
hundred percent (100%) to one hundred thirty-three percent (133%) of 6 
the federal poverty level; 7 
2. Twenty dollars ($20), to be paid by a family with income between one 8 
hundred thirty-four percent (134%) to one hundred forty-nine percent 9 
(149%) of the federal poverty level; and 10 
3. One hundred twenty dollars ($120), to be paid by a family with income 11 
between one hundred fifty percent (150%) to two hundred percent 12 
(200%) of the federal poverty level, and which may be made on a partial 13 
payment plan of twenty dollars ($20) per month or sixty dollars ($60) 14 
per quarter; 15 
(d) There shall be no copayments for services provided under the Kentucky 16 
Children's Health Insurance Program; and 17 
(e) The criteria for health services providers and insurers wishing to contract with 18 
the Commonwealth to provide the children's health insurance coverage. 19 
However, the cabinet shall provide, in any contracting process for the 20 
preventive health insurance program, the opportunity for a public health 21 
department to bid on preventive health services to eligible children within the 22 
public health department's service area. A public health department shall not 23 
be disqualified from bidding because the department does not currently offer 24 
all the services required by paragraph (b) of this subsection. The criteria shall 25 
be set forth in administrative regulations under KRS Chapter 13A and shall 26 
maximize competition among the providers and insurers. The Cabinet for 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 4 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
Finance and Administration shall provide oversight over contracting policies 1 
and procedures to assure that the number of applicants for contracts is 2 
maximized. 3 
(2) Within twelve (12) months of federal approval of the state's Title XXI child health 4 
plan, the Cabinet for Health and Family Services shall assure that a KCHIP program 5 
is available to all eligible children in all regions of the state. If necessary, in order to 6 
meet this assurance, the cabinet shall institute its own program. 7 
(3) KCHIP recipients shall have direct access without a referral from any gatekeeper 8 
primary care provider to dentists for covered primary dental services and to 9 
optometrists and ophthalmologists for covered primary eye and vision services. 10 
(4) The Kentucky Children's Health Insurance Program[Plan] shall comply with: 11 
(a) KRS 304.17A-163 and 304.17A-1631; and 12 
(b) Section 1 of this Act. 13 
Section 4.   KRS 164.2871 (Effective January 1, 2023) is amended to read as 14 
follows: 15 
(1) The governing board of each state postsecondary educational institution is 16 
authorized to purchase liability insurance for the protection of the individual 17 
members of the governing board, faculty, and staff of such institutions from liability 18 
for acts and omissions committed in the course and scope of the individual's 19 
employment or service. Each institution may purchase the type and amount of 20 
liability coverage deemed to best serve the interest of such institution. 21 
(2) All retirement annuity allowances accrued or accruing to any employee of a state 22 
postsecondary educational institution through a retirement program sponsored by 23 
the state postsecondary educational institution are hereby exempt from any state, 24 
county, or municipal tax, and shall not be subject to execution, attachment, 25 
garnishment, or any other process whatsoever, nor shall any assignment thereof be 26 
enforceable in any court. Except retirement benefits accrued or accruing to any 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 5 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
employee of a state postsecondary educational institution through a retirement 1 
program sponsored by the state postsecondary educational institution on or after 2 
January 1, 1998, shall be subject to the tax imposed by KRS 141.020, to the extent 3 
provided in KRS 141.010 and 141.0215. 4 
(3) Except as provided in KRS Chapter 44, the purchase of liability insurance for 5 
members of governing boards, faculty, and staff of institutions of higher education 6 
in this state shall not be construed to be a waiver of sovereign immunity or any 7 
other immunity or privilege. 8 
(4) The governing board of each state postsecondary education institution is authorized 9 
to provide a self-insured employer group health plan to its employees, which plan 10 
shall: 11 
(a) Conform to the requirements of Subtitle 32 of KRS Chapter 304; and 12 
(b) Except as provided in subsection (5) of this section, be exempt from 13 
conformity with Subtitle 17A of KRS Chapter 304. 14 
(5) A self-insured employer group health plan provided by the governing board of a 15 
state postsecondary education institution to its employees shall comply with: 16 
(a) KRS 304.17A-163 and 304.17A-1631; and 17 
(b) Section 1 of this Act. 18 
Section 5. KRS 18A.225 (Effective January 1, 2023) is amended to read as 19 
follows: 20 
(1) (a) The term "employee" for purposes of this section means: 21 
1. Any person, including an elected public official, who is regularly 22 
employed by any department, office, board, agency, or branch of state 23 
government; or by a public postsecondary educational institution; or by 24 
any city, urban-county, charter county, county, or consolidated local 25 
government, whose legislative body has opted to participate in the state-26 
sponsored health insurance program pursuant to KRS 79.080; and who 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 6 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
is either a contributing member to any one (1) of the retirement systems 1 
administered by the state, including but not limited to the Kentucky 2 
Retirement Systems, County Employees Retirement System, Kentucky 3 
Teachers' Retirement System, the Legislators' Retirement Plan, or the 4 
Judicial Retirement Plan; or is receiving a contractual contribution from 5 
the state toward a retirement plan; or, in the case of a public 6 
postsecondary education institution, is an individual participating in an 7 
optional retirement plan authorized by KRS 161.567; or is eligible to 8 
participate in a retirement plan established by an employer who ceases 9 
participating in the Kentucky Employees Retirement System pursuant to 10 
KRS 61.522 whose employees participated in the health insurance plans 11 
administered by the Personnel Cabinet prior to the employer's effective 12 
cessation date in the Kentucky Employees Retirement System; 13 
2. Any certified or classified employee of a local board of education or a 14 
public charter school as defined in KRS 160.1590; 15 
3. Any elected member of a local board of education; 16 
4. Any person who is a present or future recipient of a retirement 17 
allowance from the Kentucky Retirement Systems, County Employees 18 
Retirement System, Kentucky Teachers' Retirement System, the 19 
Legislators' Retirement Plan, the Judicial Retirement Plan, or the 20 
Kentucky Community and Technical College System's optional 21 
retirement plan authorized by KRS 161.567, except that a person who is 22 
receiving a retirement allowance and who is age sixty-five (65) or older 23 
shall not be included, with the exception of persons covered under KRS 24 
61.702(2)(b)3. and 78.5536(2)(b)3., unless he or she is actively 25 
employed pursuant to subparagraph 1. of this paragraph; and 26 
5. Any eligible dependents and beneficiaries of participating employees 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 7 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
and retirees who are entitled to participate in the state-sponsored health 1 
insurance program; 2 
(b) The term "health benefit plan" for the purposes of this section means a health 3 
benefit plan as defined in KRS 304.17A-005; 4 
(c) The term "insurer" for the purposes of this section means an insurer as defined 5 
in KRS 304.17A-005; and 6 
(d) The term "managed care plan" for the purposes of this section means a 7 
managed care plan as defined in KRS 304.17A-500. 8 
(2) (a) The secretary of the Finance and Administration Cabinet, upon the 9 
recommendation of the secretary of the Personnel Cabinet, shall procure, in 10 
compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090, 11 
from one (1) or more insurers authorized to do business in this state, a group 12 
health benefit plan that may include but not be limited to health maintenance 13 
organization (HMO), preferred provider organization (PPO), point of service 14 
(POS), and exclusive provider organization (EPO) benefit plans encompassing 15 
all or any class or classes of employees. With the exception of employers 16 
governed by the provisions of KRS Chapters 16, 18A, and 151B, all 17 
employers of any class of employees or former employees shall enter into a 18 
contract with the Personnel Cabinet prior to including that group in the state 19 
health insurance group. The contracts shall include but not be limited to 20 
designating the entity responsible for filing any federal forms, adoption of 21 
policies required for proper plan administration, acceptance of the contractual 22 
provisions with health insurance carriers or third-party administrators, and 23 
adoption of the payment and reimbursement methods necessary for efficient 24 
administration of the health insurance program. Health insurance coverage 25 
provided to state employees under this section shall, at a minimum, contain 26 
the same benefits as provided under Kentucky Kare Standard as of January 1, 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 8 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
1994, and shall include a mail-order drug option as provided in subsection 1 
(13) of this section. All employees and other persons for whom the health care 2 
coverage is provided or made available shall annually be given an option to 3 
elect health care coverage through a self-funded plan offered by the 4 
Commonwealth or, if a self-funded plan is not available, from a list of 5 
coverage options determined by the competitive bid process under the 6 
provisions of KRS 45A.080, 45A.085, and 45A.090 and made available 7 
during annual open enrollment. 8 
(b) The policy or policies shall be approved by the commissioner of insurance and 9 
may contain the provisions the commissioner of insurance approves, whether 10 
or not otherwise permitted by the insurance laws. 11 
(c) Any carrier bidding to offer health care coverage to employees shall agree to 12 
provide coverage to all members of the state group, including active 13 
employees and retirees and their eligible covered dependents and 14 
beneficiaries, within the county or counties specified in its bid. Except as 15 
provided in subsection (20) of this section, any carrier bidding to offer health 16 
care coverage to employees shall also agree to rate all employees as a single 17 
entity, except for those retirees whose former employers insure their active 18 
employees outside the state-sponsored health insurance program and as 19 
otherwise provided in KRS 61.702(2)(b)3.b. and 78.5536(2)(b)3.b. 20 
(d) Any carrier bidding to offer health care coverage to employees shall agree to 21 
provide enrollment, claims, and utilization data to the Commonwealth in a 22 
format specified by the Personnel Cabinet with the understanding that the data 23 
shall be owned by the Commonwealth; to provide data in an electronic form 24 
and within a time frame specified by the Personnel Cabinet; and to be subject 25 
to penalties for noncompliance with data reporting requirements as specified 26 
by the Personnel Cabinet. The Personnel Cabinet shall take strict precautions 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 9 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
to protect the confidentiality of each individual employee; however, 1 
confidentiality assertions shall not relieve a carrier from the requirement of 2 
providing stipulated data to the Commonwealth. 3 
(e) The Personnel Cabinet shall develop the necessary techniques and capabilities 4 
for timely analysis of data received from carriers and, to the extent possible, 5 
provide in the request-for-proposal specifics relating to data requirements, 6 
electronic reporting, and penalties for noncompliance. The Commonwealth 7 
shall own the enrollment, claims, and utilization data provided by each carrier 8 
and shall develop methods to protect the confidentiality of the individual. The 9 
Personnel Cabinet shall include in the October annual report submitted 10 
pursuant to the provisions of KRS 18A.226 to the Governor, the General 11 
Assembly, and the Chief Justice of the Supreme Court, an analysis of the 12 
financial stability of the program, which shall include but not be limited to 13 
loss ratios, methods of risk adjustment, measurements of carrier quality of 14 
service, prescription coverage and cost management, and statutorily required 15 
mandates. If state self-insurance was available as a carrier option, the report 16 
also shall provide a detailed financial analysis of the self-insurance fund 17 
including but not limited to loss ratios, reserves, and reinsurance agreements. 18 
(f) If any agency participating in the state-sponsored employee health insurance 19 
program for its active employees terminates participation and there is a state 20 
appropriation for the employer's contribution for active employees' health 21 
insurance coverage, then neither the agency nor the employees shall receive 22 
the state-funded contribution after termination from the state-sponsored 23 
employee health insurance program. 24 
(g) Any funds in flexible spending accounts that remain after all reimbursements 25 
have been processed shall be transferred to the credit of the state-sponsored 26 
health insurance plan's appropriation account. 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 10 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
(h) Each entity participating in the state-sponsored health insurance program shall 1 
provide an amount at least equal to the state contribution rate for the employer 2 
portion of the health insurance premium. For any participating entity that used 3 
the state payroll system, the employer contribution amount shall be equal to 4 
but not greater than the state contribution rate. 5 
(3) The premiums may be paid by the policyholder: 6 
(a) Wholly from funds contributed by the employee, by payroll deduction or 7 
otherwise; 8 
(b) Wholly from funds contributed by any department, board, agency, public 9 
postsecondary education institution, or branch of state, city, urban-county, 10 
charter county, county, or consolidated local government; or 11 
(c) Partly from each, except that any premium due for health care coverage or 12 
dental coverage, if any, in excess of the premium amount contributed by any 13 
department, board, agency, postsecondary education institution, or branch of 14 
state, city, urban-county, charter county, county, or consolidated local 15 
government for any other health care coverage shall be paid by the employee. 16 
(4) If an employee moves his or her place of residence or employment out of the service 17 
area of an insurer offering a managed health care plan, under which he or she has 18 
elected coverage, into either the service area of another managed health care plan or 19 
into an area of the Commonwealth not within a managed health care plan service 20 
area, the employee shall be given an option, at the time of the move or transfer, to 21 
change his or her coverage to another health benefit plan. 22 
(5) No payment of premium by any department, board, agency, public postsecondary 23 
educational institution, or branch of state, city, urban-county, charter county, 24 
county, or consolidated local government shall constitute compensation to an 25 
insured employee for the purposes of any statute fixing or limiting the 26 
compensation of such an employee. Any premium or other expense incurred by any 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 11 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
department, board, agency, public postsecondary educational institution, or branch 1 
of state, city, urban-county, charter county, county, or consolidated local 2 
government shall be considered a proper cost of administration. 3 
(6) The policy or policies may contain the provisions with respect to the class or classes 4 
of employees covered, amounts of insurance or coverage for designated classes or 5 
groups of employees, policy options, terms of eligibility, and continuation of 6 
insurance or coverage after retirement. 7 
(7) Group rates under this section shall be made available to the disabled child of an 8 
employee regardless of the child's age if the entire premium for the disabled child's 9 
coverage is paid by the state employee. A child shall be considered disabled if he or 10 
she has been determined to be eligible for federal Social Security disability benefits. 11 
(8) The health care contract or contracts for employees shall be entered into for a period 12 
of not less than one (1) year. 13 
(9) The secretary shall appoint thirty-two (32) persons to an Advisory Committee of 14 
State Health Insurance Subscribers to advise the secretary or the secretary's designee 15 
regarding the state-sponsored health insurance program for employees. The 16 
secretary shall appoint, from a list of names submitted by appointing authorities, 17 
members representing school districts from each of the seven (7) Supreme Court 18 
districts, members representing state government from each of the seven (7) 19 
Supreme Court districts, two (2) members representing retirees under age sixty-five 20 
(65), one (1) member representing local health departments, two (2) members 21 
representing the Kentucky Teachers' Retirement System, and three (3) members at 22 
large. The secretary shall also appoint two (2) members from a list of five (5) names 23 
submitted by the Kentucky Education Association, two (2) members from a list of 24 
five (5) names submitted by the largest state employee organization of nonschool 25 
state employees, two (2) members from a list of five (5) names submitted by the 26 
Kentucky Association of Counties, two (2) members from a list of five (5) names 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 12 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
submitted by the Kentucky League of Cities, and two (2) members from a list of 1 
names consisting of five (5) names submitted by each state employee organization 2 
that has two thousand (2,000) or more members on state payroll deduction. The 3 
advisory committee shall be appointed in January of each year and shall meet 4 
quarterly. 5 
(10) Notwithstanding any other provision of law to the contrary, the policy or policies 6 
provided to employees pursuant to this section shall not provide coverage for 7 
obtaining or performing an abortion, nor shall any state funds be used for the 8 
purpose of obtaining or performing an abortion on behalf of employees or their 9 
dependents. 10 
(11) Interruption of an established treatment regime with maintenance drugs shall be 11 
grounds for an insured to appeal a formulary change through the established appeal 12 
procedures approved by the Department of Insurance, if the physician supervising 13 
the treatment certifies that the change is not in the best interests of the patient. 14 
(12) Any employee who is eligible for and elects to participate in the state health 15 
insurance program as a retiree, or the spouse or beneficiary of a retiree, under any 16 
one (1) of the state-sponsored retirement systems shall not be eligible to receive the 17 
state health insurance contribution toward health care coverage as a result of any 18 
other employment for which there is a public employer contribution. This does not 19 
preclude a retiree and an active employee spouse from using both contributions to 20 
the extent needed for purchase of one (1) state sponsored health insurance policy for 21 
that plan year. 22 
(13) (a) The policies of health insurance coverage procured under subsection (2) of 23 
this section shall include a mail-order drug option for maintenance drugs for 24 
state employees. Maintenance drugs may be dispensed by mail order in 25 
accordance with Kentucky law. 26 
(b) A health insurer shall not discriminate against any retail pharmacy located 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 13 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
within the geographic coverage area of the health benefit plan and that meets 1 
the terms and conditions for participation established by the insurer, including 2 
price, dispensing fee, and copay requirements of a mail-order option. The 3 
retail pharmacy shall not be required to dispense by mail. 4 
(c) The mail-order option shall not permit the dispensing of a controlled 5 
substance classified in Schedule II. 6 
(14) The policy or policies provided to state employees or their dependents pursuant to 7 
this section shall provide coverage for obtaining a hearing aid and acquiring hearing 8 
aid-related services for insured individuals under eighteen (18) years of age, subject 9 
to a cap of one thousand four hundred dollars ($1,400) every thirty-six (36) months 10 
pursuant to KRS 304.17A-132. 11 
(15) Any policy provided to state employees or their dependents pursuant to this section 12 
shall provide coverage for the diagnosis and treatment of autism spectrum disorders 13 
consistent with KRS 304.17A-142. 14 
(16) Any policy provided to state employees or their dependents pursuant to this section 15 
shall provide coverage for obtaining amino acid-based elemental formula pursuant 16 
to KRS 304.17A-258. 17 
(17) If a state employee's residence and place of employment are in the same county, and 18 
if the hospital located within that county does not offer surgical services, intensive 19 
care services, obstetrical services, level II neonatal services, diagnostic cardiac 20 
catheterization services, and magnetic resonance imaging services, the employee 21 
may select a plan available in a contiguous county that does provide those services, 22 
and the state contribution for the plan shall be the amount available in the county 23 
where the plan selected is located. 24 
(18) If a state employee's residence and place of employment are each located in counties 25 
in which the hospitals do not offer surgical services, intensive care services, 26 
obstetrical services, level II neonatal services, diagnostic cardiac catheterization 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 14 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
services, and magnetic resonance imaging services, the employee may select a plan 1 
available in a county contiguous to the county of residence that does provide those 2 
services, and the state contribution for the plan shall be the amount available in the 3 
county where the plan selected is located. 4 
(19) The Personnel Cabinet is encouraged to study whether it is fair and reasonable and 5 
in the best interests of the state group to allow any carrier bidding to offer health 6 
care coverage under this section to submit bids that may vary county by county or 7 
by larger geographic areas. 8 
(20) Notwithstanding any other provision of this section, the bid for proposals for health 9 
insurance coverage for calendar year 2004 shall include a bid scenario that reflects 10 
the statewide rating structure provided in calendar year 2003 and a bid scenario that 11 
allows for a regional rating structure that allows carriers to submit bids that may 12 
vary by region for a given product offering as described in this subsection: 13 
(a) The regional rating bid scenario shall not include a request for bid on a 14 
statewide option; 15 
(b) The Personnel Cabinet shall divide the state into geographical regions which 16 
shall be the same as the partnership regions designated by the Department for 17 
Medicaid Services for purposes of the Kentucky Health Care Partnership 18 
Program established pursuant to 907 KAR 1:705; 19 
(c) The request for proposal shall require a carrier's bid to include every county 20 
within the region or regions for which the bid is submitted and include but not 21 
be restricted to a preferred provider organization (PPO) option; 22 
(d) If the Personnel Cabinet accepts a carrier's bid, the cabinet shall award the 23 
carrier all of the counties included in its bid within the region. If the Personnel 24 
Cabinet deems the bids submitted in accordance with this subsection to be in 25 
the best interests of state employees in a region, the cabinet may award the 26 
contract for that region to no more than two (2) carriers; and 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 15 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
(e) Nothing in this subsection shall prohibit the Personnel Cabinet from including 1 
other requirements or criteria in the request for proposal. 2 
(21) Any fully insured health benefit plan or self-insured plan issued or renewed on or 3 
after July 12, 2006, to public employees pursuant to this section which provides 4 
coverage for services rendered by a physician or osteopath duly licensed under KRS 5 
Chapter 311 that are within the scope of practice of an optometrist duly licensed 6 
under the provisions of KRS Chapter 320 shall provide the same payment of 7 
coverage to optometrists as allowed for those services rendered by physicians or 8 
osteopaths. 9 
(22) Any fully insured health benefit plan or self-insured plan issued or renewed to 10 
public employees pursuant to this section shall comply with: 11 
(a) KRS 304.12-237; 12 
(b) KRS 304.17A-270 and 304.17A-525; 13 
(c) KRS 304.17A-600 to 304.17A-633; 14 
(d) KRS 205.593; 15 
(e) KRS 304.17A-700 to 304.17A-730; 16 
(f) KRS 304.14-135; 17 
(g) KRS 304.17A-580 and 304.17A-641; 18 
(h) KRS 304.99-123; 19 
(i) KRS 304.17A-138; 20 
(j) KRS 304.17A-148; 21 
(k) KRS 304.17A-163 and 304.17A-1631;[ and] 22 
(l) Section 1 of this Act; and 23 
(m) Administrative regulations promulgated pursuant to statutes listed in this 24 
subsection. 25 
Section 6.   This Act applies to health benefit plans issued or renewed on or after 26 
January 1, 2024. 27  UNOFFICIAL COPY  	23 RS BR 112 
Page 16 of 16 
XXXX   8/8/2022 4:02 PM  	Jacketed 
Section 7.   This Act takes effect on January 1, 2024. 1