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AN ACT relating to pharmacy benefits. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 304.17A-164 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Cost sharing" 5
1. Means the cost to an insured under a health plan according to any 6
coverage limit, copayment, coinsurance, deductible, or other out-of-7
pocket expense requirements imposed by the plan[, which may be 8
subject to annual limitations on cost sharing, including those imposed 9
under 42 U.S.C. secs. 18022(c) and 300gg-6(b),] in order for the insured 10
to receive a specific benefit[health care service] covered by the plan; 11
and 12
2. May be subject to annual limitations, including those imposed under 13
42 U.S.C. secs. 18022(c) and 300gg-6(b); 14
(b) "Generic alternative" means a drug that is designated to be therapeutically 15
equivalent by the United States Food and Drug Administration's Approved 16
Drug Products with Therapeutic Equivalence Evaluations, except that a drug 17
shall not be considered a generic alternative until the drug is nationally 18
available; 19
(c) "Health plan": 20
1. Means any[a] policy, contract, certificate, or plan that offers or 21
provides pharmacy benefits in this state, whether the coverage is by 22
direct payment, reimbursement, or otherwise[agreement offered or 23
issued by an insurer to provide, deliver, arrange for, pay for, or 24
reimburse any of the cost of health care services];[ and] 25
2. Includes a health benefit plan; and 26
3. Does not include a policy, contract, certificate, or plan that offers or 27 UNOFFICIAL COPY 24 RS BR 898
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provides benefits under KRS Chapter 205; 1
(d) "Insured" means any individual who is enrolled in a health plan and on whose 2
behalf the insurer is obligated to pay for or provide pharmacy benefits[health 3
care services]; 4
(e) "Insurer": 5
1. Means any of the following persons that offer or issue a health plan: 6
a. An insurance company; 7
b. A health maintenance organization; 8
c. A limited health service organization; 9
d. A self-insurer, including a governmental plan, church plan, or 10
multiple employer welfare arrangement; 11
e. A provider-sponsored integrated health delivery network; 12
f. A self-insured employer-organized association; 13
g. A nonprofit hospital, medical-surgical, dental, and health service 14
corporation; or 15
h. Any other third-party payor that is: 16
i. Authorized to transact health insurance business in this 17
state; or 18
ii. Not exempt by federal law from regulation under the 19
insurance laws of this state; and 20
2. Includes any person that has contracted with a state or federal agency 21
to provide coverage in this state for pharmacy benefits, except persons 22
or entities that have contracted to provide benefits under KRS Chapter 23
205[includes: 24
1. An insurer offering a health plan providing coverage for pharmacy 25
benefits; or 26
2. Any other administrator of pharmacy benefits under a health plan]; 27 UNOFFICIAL COPY 24 RS BR 898
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(f) "Person" includes[means] a natural person, corporation, mutual company, 1
unincorporated association, partnership, joint venture, limited liability 2
company, trust, estate, foundation, nonprofit corporation, unincorporated 3
organization, government, or governmental subdivision or agency; 4
(g) "Pharmacy" includes: 5
1. A pharmacy, as defined in KRS Chapter 315; 6
2. A pharmacist, as defined in KRS Chapter 315; and 7
3. Any employee of a pharmacy or pharmacist; and 8
(h) "Pharmacy benefit manager" has the same meaning as in KRS 304.9-9
020[304.17A-161]. 10
(2) To the extent permitted under federal law and except as provided in subsection (4) 11
of this section, an insurer,[ issuing or renewing a health plan on or after January 1, 12
2022, or] a pharmacy benefit manager, or any other administrator of pharmacy 13
benefits shall not: 14
(a) Require an insured purchasing a prescription drug to pay a cost-sharing 15
amount greater than the amount the insured would pay for the drug if he or 16
she purchased[were to purchase] the drug without coverage under the health 17
plan; 18
(b) 1. Require or incentivize an insured to use a mail-order pharmaceutical 19
distributor, including a mail-order pharmacy. 20
2. Conduct prohibited under this paragraph includes but is not limited to 21
imposing any cost-sharing requirement, fee, or other condition 22
relating to the use of a retail pharmacy that is greater, or more 23
restrictive, than what would otherwise be imposed if the insured used a 24
mail-order pharmaceutical distributer, including a mail-order 25
pharmacy; 26
(c) 1. Except as provided in subparagraph 2. of this paragraph, exclude any 27 UNOFFICIAL COPY 24 RS BR 898
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cost-sharing amounts paid by an insured, or on behalf of an insured by 1
another person, for a prescription drug, including any amount paid under 2
paragraph (a) of this subsection, when calculating an insured's 3
contribution to any applicable cost-sharing requirement. 4
2. The requirements of this paragraph shall not apply: 5
a.[1.] In the case of a prescription drug for which there is a generic 6
alternative, unless the insured has obtained access to the brand 7
prescription drug through prior authorization, a step therapy 8
protocol, or the insurer's exceptions and appeals process; or 9
b.[2.] To any fully insured health benefit plan or self-insured plan 10
provided to any employee under KRS 18A.225; 11
(d)[(c)] Prohibit a pharmacy from discussing any information authorized under 12
subsection (3) of this section; or 13
(e)[(d)] Impose a penalty on a pharmacy for complying with this section. 14
(3) A pharmacist shall have the right to provide an insured information regarding the 15
applicable limitations on his or her cost sharing pursuant to this section for a 16
prescription drug. 17
(4) If the application of any requirement of subsection (2)(c)[(b)] of this section would 18
be the sole cause of a health plan's failure to qualify as a Health Savings Account-19
qualified High Deductible Health Plan under 26 U.S.C. sec. 223, as amended, then 20
the requirement shall not apply to that health plan until the minimum deductible 21
under 26 U.S.C. sec. 223, as amended, is satisfied. 22
Section 2. KRS 304.17C-125 (Effective January 1, 2025) is amended to read as 23
follows: 24
The following[KRS 304.17A-262] shall apply to limited health service benefit plans, 25
including any limited health service contract, as defined in KRS 304.38A-010: 26
(1) KRS 304.17A-262; and 27 UNOFFICIAL COPY 24 RS BR 898
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(2) Section 1 of this Act. 1
Section 3. KRS 304.38A-115 (Effective January 1, 2025) is amended to read as 2
follows: 3
Limited health service organizations shall comply with: 4
(1) KRS 304.17A-262; 5
(2) KRS 304.17A-265; and 6
(3) Section 1 of this Act. 7
Section 4. KRS 18A.225 (Effective January 1, 2025) is amended to read as 8
follows: 9
(1) (a) The term "employee" for purposes of this section means: 10
1. Any person, including an elected public official, who is regularly 11
employed by any department, office, board, agency, or branch of state 12
government; or by a public postsecondary educational institution; or by 13
any city, urban-county, charter county, county, or consolidated local 14
government, whose legislative body has opted to participate in the state-15
sponsored health insurance program pursuant to KRS 79.080; and who 16
is either a contributing member to any one (1) of the retirement systems 17
administered by the state, including but not limited to the Kentucky 18
Retirement Systems, County Employees Retirement System, Kentucky 19
Teachers' Retirement System, the Legislators' Retirement Plan, or the 20
Judicial Retirement Plan; or is receiving a contractual contribution from 21
the state toward a retirement plan; or, in the case of a public 22
postsecondary education institution, is an individual participating in an 23
optional retirement plan authorized by KRS 161.567; or is eligible to 24
participate in a retirement plan established by an employer who ceases 25
participating in the Kentucky Employees Retirement System pursuant to 26
KRS 61.522 whose employees participated in the health insurance plans 27 UNOFFICIAL COPY 24 RS BR 898
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administered by the Personnel Cabinet prior to the employer's effective 1
cessation date in the Kentucky Employees Retirement System; 2
2. Any certified or classified employee of a local board of education or a 3
public charter school as defined in KRS 160.1590; 4
3. Any elected member of a local board of education; 5
4. Any person who is a present or future recipient of a retirement 6
allowance from the Kentucky Retirement Systems, County Employees 7
Retirement System, Kentucky Teachers' Retirement System, the 8
Legislators' Retirement Plan, the Judicial Retirement Plan, or the 9
Kentucky Community and Technical College System's optional 10
retirement plan authorized by KRS 161.567, except that a person who is 11
receiving a retirement allowance and who is age sixty-five (65) or older 12
shall not be included, with the exception of persons covered under KRS 13
61.702(2)(b)3. and 78.5536(2)(b)3., unless he or she is actively 14
employed pursuant to subparagraph 1. of this paragraph; and 15
5. Any eligible dependents and beneficiaries of participating employees 16
and retirees who are entitled to participate in the state-sponsored health 17
insurance program; 18
(b) The term "health benefit plan" for the purposes of this section means a health 19
benefit plan as defined in KRS 304.17A-005; 20
(c) The term "insurer" for the purposes of this section means an insurer as defined 21
in KRS 304.17A-005; and 22
(d) The term "managed care plan" for the purposes of this section means a 23
managed care plan as defined in KRS 304.17A-500. 24
(2) (a) The secretary of the Finance and Administration Cabinet, upon the 25
recommendation of the secretary of the Personnel Cabinet, shall procure, in 26
compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090, 27 UNOFFICIAL COPY 24 RS BR 898
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from one (1) or more insurers authorized to do business in this state, a group 1
health benefit plan that may include but not be limited to health maintenance 2
organization (HMO), preferred provider organization (PPO), point of service 3
(POS), and exclusive provider organization (EPO) benefit plans 4
encompassing all or any class or classes of employees. With the exception of 5
employers governed by the provisions of KRS Chapters 16, 18A, and 151B, 6
all employers of any class of employees or former employees shall enter into 7
a contract with the Personnel Cabinet prior to including that group in the state 8
health insurance group. The contracts shall include but not be limited to 9
designating the entity responsible for filing any federal forms, adoption of 10
policies required for proper plan administration, acceptance of the contractual 11
provisions with health insurance carriers or third-party administrators, and 12
adoption of the payment and reimbursement methods necessary for efficient 13
administration of the health insurance program. Health insurance coverage 14
provided to state employees under this section shall, at a minimum, contain 15
the same benefits as provided under Kentucky Kare Standard as of January 1, 16
1994, and shall include a mail-order drug option as provided in subsection 17
(13) of this section. All employees and other persons for whom the health care 18
coverage is provided or made available shall annually be given an option to 19
elect health care coverage through a self-funded plan offered by the 20
Commonwealth or, if a self-funded plan is not available, from a list of 21
coverage options determined by the competitive bid process under the 22
provisions of KRS 45A.080, 45A.085, and 45A.090 and made available 23
during annual open enrollment. 24
(b) The policy or policies shall be approved by the commissioner of insurance 25
and may contain the provisions the commissioner of insurance approves, 26
whether or not otherwise permitted by the insurance laws. 27 UNOFFICIAL COPY 24 RS BR 898
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(c) Any carrier bidding to offer health care coverage to employees shall agree to 1
provide coverage to all members of the state group, including active 2
employees and retirees and their eligible covered dependents and 3
beneficiaries, within the county or counties specified in its bid. Except as 4
provided in subsection (20) of this section, any carrier bidding to offer health 5
care coverage to employees shall also agree to rate all employees as a single 6
entity, except for those retirees whose former employers insure their active 7
employees outside the state-sponsored health insurance program and as 8
otherwise provided in KRS 61.702(2)(b)3.b. and 78.5536(2)(b)3.b. 9
(d) Any carrier bidding to offer health care coverage to employees shall agree to 10
provide enrollment, claims, and utilization data to the Commonwealth in a 11
format specified by the Personnel Cabinet with the understanding that the data 12
shall be owned by the Commonwealth; to provide data in an electronic form 13
and within a time frame specified by the Personnel Cabinet; and to be subject 14
to penalties for noncompliance with data reporting requirements as specified 15
by the Personnel Cabinet. The Personnel Cabinet shall take strict precautions 16
to protect the confidentiality of each individual employee; however, 17
confidentiality assertions shall not relieve a carrier from the requirement of 18
providing stipulated data to the Commonwealth. 19
(e) The Personnel Cabinet shall develop the necessary techniques and capabilities 20
for timely analysis of data received from carriers and, to the extent possible, 21
provide in the request-for-proposal specifics relating to data requirements, 22
electronic reporting, and penalties for noncompliance. The Commonwealth 23
shall own the enrollment, claims, and utilization data provided by each carrier 24
and shall develop methods to protect the confidentiality of the individual. The 25
Personnel Cabinet shall include in the October annual report submitted 26
pursuant to the provisions of KRS 18A.226 to the Governor, the General 27 UNOFFICIAL COPY 24 RS BR 898
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Assembly, and the Chief Justice of the Supreme Court, an analysis of the 1
financial stability of the program, which shall include but not be limited to 2
loss ratios, methods of risk adjustment, measurements of carrier quality of 3
service, prescription coverage and cost management, and statutorily required 4
mandates. If state self-insurance was available as a carrier option, the report 5
also shall provide a detailed financial analysis of the self-insurance fund 6
including but not limited to loss ratios, reserves, and reinsurance agreements. 7
(f) If any agency participating in the state-sponsored employee health insurance 8
program for its active employees terminates participation and there is a state 9
appropriation for the employer's contribution for active employees' health 10
insurance coverage, then neither the agency nor the employees shall receive 11
the state-funded contribution after termination from the state-sponsored 12
employee health insurance program. 13
(g) Any funds in flexible spending accounts that remain after all reimbursements 14
have been processed shall be transferred to the credit of the state-sponsored 15
health insurance plan's appropriation account. 16
(h) Each entity participating in the state-sponsored health insurance program shall 17
provide an amount at least equal to the state contribution rate for the employer 18
portion of the health insurance premium. For any participating entity that used 19
the state payroll system, the employer contribution amount shall be equal to 20
but not greater than the state contribution rate. 21
(3) The premiums may be paid by the policyholder: 22
(a) Wholly from funds contributed by the employee, by payroll deduction or 23
otherwise; 24
(b) Wholly from funds contributed by any department, board, agency, public 25
postsecondary education institution, or branch of state, city, urban-county, 26
charter county, county, or consolidated local government; or 27 UNOFFICIAL COPY 24 RS BR 898
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(c) Partly from each, except that any premium due for health care coverage or 1
dental coverage, if any, in excess of the premium amount contributed by any 2
department, board, agency, postsecondary education institution, or branch of 3
state, city, urban-county, charter county, county, or consolidated local 4
government for any other health care coverage shall be paid by the employee. 5
(4) If an employee moves his or her place of residence or employment out of the 6
service area of an insurer offering a managed health care plan, under which he or 7
she has elected coverage, into either the service area of another managed health care 8
plan or into an area of the Commonwealth not within a managed health care plan 9
service area, the employee shall be given an option, at the time of the move or 10
transfer, to change his or her coverage to another health benefit plan. 11
(5) No payment of premium by any department, board, agency, public postsecondary 12
educational institution, or branch of state, city, urban-county, charter county, 13
county, or consolidated local government shall constitute compensation to an 14
insured employee for the purposes of any statute fixing or limiting the 15
compensation of such an employee. Any premium or other expense incurred by any 16
department, board, agency, public postsecondary educational institution, or branch 17
of state, city, urban-county, charter county, county, or consolidated local 18
government shall be considered a proper cost of administration. 19
(6) The policy or policies may contain the provisions with respect to the class or classes 20
of employees covered, amounts of insurance or coverage for designated classes or 21
groups of employees, policy options, terms of eligibility, and continuation of 22
insurance or coverage after retirement. 23
(7) Group rates under this section shall be made available to the disabled child of an 24
employee regardless of the child's age if the entire premium for the disabled child's 25
coverage is paid by the state employee. A child shall be considered disabled if he or 26
she has been determined to be eligible for federal Social Security disability benefits. 27 UNOFFICIAL COPY 24 RS BR 898
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(8) The health care contract or contracts for employees shall be entered into for a 1
period of not less than one (1) year. 2
(9) The secretary shall appoint thirty-two (32) persons to an Advisory Committee of 3
State Health Insurance Subscribers to advise the secretary or the secretary's 4
designee regarding the state-sponsored health insurance program for employees. 5
The secretary shall appoint, from a list of names submitted by appointing 6
authorities, members representing school districts from each of the seven (7) 7
Supreme Court districts, members representing state government from each of the 8
seven (7) Supreme Court districts, two (2) members representing retirees under age 9
sixty-five (65), one (1) member representing local health departments, two (2) 10
members representing the Kentucky Teachers' Retirement System, and three (3) 11
members at large. The secretary shall also appoint two (2) members from a list of 12
five (5) names submitted by the Kentucky Education Association, two (2) members 13
from a list of five (5) names submitted by the largest state employee organization of 14
nonschool state employees, two (2) members from a list of five (5) names submitted 15
by the Kentucky Association of Counties, two (2) members from a list of five (5) 16
names submitted by the Kentucky League of Cities, and two (2) members from a 17
list of names consisting of five (5) names submitted by each state employee 18
organization that has two thousand (2,000) or more members on state payroll 19
deduction. The advisory committee shall be appointed in January of each year and 20
shall meet quarterly. 21
(10) Notwithstanding any other provision of law to the contrary, the policy or policies 22
provided to employees pursuant to this section shall not provide coverage for 23
obtaining or performing an abortion, nor shall any state funds be used for the 24
purpose of obtaining or performing an abortion on behalf of employees or their 25
dependents. 26
(11) Interruption of an established treatment regime with maintenance drugs shall be 27 UNOFFICIAL COPY 24 RS BR 898
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grounds for an insured to appeal a formulary change through the established appeal 1
procedures approved by the Department of Insurance, if the physician supervising 2
the treatment certifies that the change is not in the best interests of the patient. 3
(12) Any employee who is eligible for and elects to participate in the state health 4
insurance program as a retiree, or the spouse or beneficiary of a retiree, under any 5
one (1) of the state-sponsored retirement systems shall not be eligible to receive the 6
state health insurance contribution toward health care coverage as a result of any 7
other employment for which there is a public employer contribution. This does not 8
preclude a retiree and an active employee spouse from using both contributions to 9
the extent needed for purchase of one (1) state sponsored health insurance policy 10
for that plan year. 11
(13) (a) The policies of health insurance coverage procured under subsection (2) of 12
this section shall include a mail-order drug option for maintenance drugs for 13
state employees. Maintenance drugs may be dispensed by mail order in 14
accordance with Kentucky law. 15
(b) A health insurer shall not discriminate against any retail pharmacy located 16
within the geographic coverage area of the health benefit plan and that meets 17
the terms and conditions for participation established by the insurer, including 18
price, dispensing fee, and copay requirements of a mail-order option. The 19
retail pharmacy shall not be required to dispense by mail. 20
(c) The mail-order option shall not permit the dispensing of a controlled 21
substance classified in Schedule II. 22
(14) The policy or policies provided to state employees or their dependents pursuant to 23
this section shall provide coverage for obtaining a hearing aid and acquiring hearing 24
aid-related services for insured individuals under eighteen (18) years of age, subject 25
to a cap of one thousand four hundred dollars ($1,400) every thirty-six (36) months 26
pursuant to KRS 304.17A-132. 27 UNOFFICIAL COPY 24 RS BR 898
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(15) Any policy provided to state employees or their dependents pursuant to this section 1
shall provide coverage for the diagnosis and treatment of autism spectrum disorders 2
consistent with KRS 304.17A-142. 3
(16) Any policy provided to state employees or their dependents pursuant to this section 4
shall provide coverage for obtaining amino acid-based elemental formula pursuant 5
to KRS 304.17A-258. 6
(17) If a state employee's residence and place of employment are in the same county, 7
and if the hospital located within that county does not offer surgical services, 8
intensive care services, obstetrical services, level II neonatal services, diagnostic 9
cardiac catheterization services, and magnetic resonance imaging services, the 10
employee may select a plan available in a contiguous county that does provide 11
those services, and the state contribution for the plan shall be the amount available 12
in the county where the plan selected is located. 13
(18) If a state employee's residence and place of employment are each located in 14
counties in which the hospitals do not offer surgical services, intensive care 15
services, obstetrical services, level II neonatal services, diagnostic cardiac 16
catheterization services, and magnetic resonance imaging services, the employee 17
may select a plan available in a county contiguous to the county of residence that 18
does provide those services, and the state contribution for the plan shall be the 19
amount available in the county where the plan selected is located. 20
(19) The Personnel Cabinet is encouraged to study whether it is fair and reasonable and 21
in the best interests of the state group to allow any carrier bidding to offer health 22
care coverage under this section to submit bids that may vary county by county or 23
by larger geographic areas. 24
(20) Notwithstanding any other provision of this section, the bid for proposals for health 25
insurance coverage for calendar year 2004 shall include a bid scenario that reflects 26
the statewide rating structure provided in calendar year 2003 and a bid scenario that 27 UNOFFICIAL COPY 24 RS BR 898
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allows for a regional rating structure that allows carriers to submit bids that may 1
vary by region for a given product offering as described in this subsection: 2
(a) The regional rating bid scenario shall not include a request for bid on a 3
statewide option; 4
(b) The Personnel Cabinet shall divide the state into geographical regions which 5
shall be the same as the partnership regions designated by the Department for 6
Medicaid Services for purposes of the Kentucky Health Care Partnership 7
Program established pursuant to 907 KAR 1:705; 8
(c) The request for proposal shall require a carrier's bid to include every county 9
within the region or regions for which the bid is submitted and include but not 10
be restricted to a preferred provider organization (PPO) option; 11
(d) If the Personnel Cabinet accepts a carrier's bid, the cabinet shall award the 12
carrier all of the counties included in its bid within the region. If the Personnel 13
Cabinet deems the bids submitted in accordance with this subsection to be in 14
the best interests of state employees in a region, the cabinet may award the 15
contract for that region to no more than two (2) carriers; and 16
(e) Nothing in this subsection shall prohibit the Personnel Cabinet from including 17
other requirements or criteria in the request for proposal. 18
(21) Any fully insured health benefit plan or self-insured plan issued or renewed on or 19
after July 12, 2006, to public employees pursuant to this section which provides 20
coverage for services rendered by a physician or osteopath duly licensed under KRS 21
Chapter 311 that are within the scope of practice of an optometrist duly licensed 22
under the provisions of KRS Chapter 320 shall provide the same payment of 23
coverage to optometrists as allowed for those services rendered by physicians or 24
osteopaths. 25
(22) Any fully insured health benefit plan or self-insured plan issued or renewed to 26
public employees pursuant to this section shall comply with: 27 UNOFFICIAL COPY 24 RS BR 898
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(a) KRS 304.12-237; 1
(b) KRS 304.17A-270 and 304.17A-525; 2
(c) KRS 304.17A-600 to 304.17A-633; 3
(d) KRS 205.593; 4
(e) KRS 304.17A-700 to 304.17A-730; 5
(f) KRS 304.14-135; 6
(g) KRS 304.17A-580 and 304.17A-641; 7
(h) KRS 304.99-123; 8
(i) KRS 304.17A-138; 9
(j) KRS 304.17A-148; 10
(k) KRS 304.17A-163 and 304.17A-1631; 11
(l) KRS 304.17A-265; 12
(m) KRS 304.17A-261; 13
(n) KRS 304.17A-262;[ and] 14
(o) Section 1 of this Act, to the extent applicable; and 15
(p) Administrative regulations promulgated pursuant to statutes listed in this 16
subsection. 17
Section 5. KRS 164.2871 (Effective January 1, 2025) is amended to read as 18
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 24 RS BR 898
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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; 21
(b) KRS 304.17A-265; 22
(c) KRS 304.17A-261;[ and] 23
(d) KRS 304.17A-262; and 24
(e) Subsection (2)(b) of Section 1 of this Act. 25
Section 6. The following KRS section is repealed: 26
304.38A-120 Compliance with KRS 304.17A-265. 27 UNOFFICIAL COPY 24 RS BR 898
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Section 7. Sections 1, 2, 4, and 5 of this Act apply to health plans issued or 1
renewed on or after January 1, 2025. 2
Section 8. This Act takes effect on January 1, 2025. 3