UNOFFICIAL COPY 24 RS BR 1146
Page 1 of 1
XXXX 12/19/2023 3:09 PM Jacketed
AN ACT relating to cost defrayment under the Affordable Care Act. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF SUBTITLE 17A OF KRS CHAPTER 304 3
IS CREATED TO READ AS FOLLOWS: 4
(1) Notwithstanding any other provision of this chapter, if the application of any 5
requirement of this chapter to a qualified health plan, as defined in 42 U.S.C. sec. 6
18021(a)(1), as amended, results, or would result, in a determination that the 7
state must make payments to defray the cost of the requirement under 42 U.S.C. 8
sec. 18031(d)(3) and 45 C.F.R. sec. 155.170, as amended, then the requirement 9
shall not apply to the qualified health plan until the cost defrayal requirement is 10
no longer applicable. 11
(2) If a qualified health plan, as defined in 42 U.S.C. sec. 18021(a)(1), is exempt 12
from any requirement of this chapter under subsection (1) of this section, the 13
department shall apply for a waiver under 42 U.S.C. sec. 18052, as amended, or 14
any other applicable federal law of all or any cost defrayal requirements within 15
ninety (90) days of the later of: 16
(a) The effective date of this Act; or 17
(b) The effective date of the statute containing the requirement. 18