SB 155 (BR 1687) - J. Schickel, T. Buford
AN ACT relating to consumer protection and nondiscrimination in health insurance.
Create new sections of Subtitle 12 of KRS Chapter 304 to define terms relating to the use of genetic information by insurers; prohibit adjustment of premium or contribution amount based on genetic information; prohibit an insurer from requesting or requiring a genetic test of a member unless made pursuant to federal regulation; prohibit use of genetic information for underwriting purposes; prohibit the request, requirement, or purchase of genetic information by an insurer prior to an individual's enrollment under a plan; preclude insurers from requiring genetic information for eligibility for health insurance in the individual market, prohibit the use of genetic information for the purpose of imposing any pre-existing condition exclusion; amend KRS 304.12-085, 304.17-042, 304.17A-0952, 304.17A-0954, 304.17A-139, 304.17A-145, 304.17A-200, 304.17A-230, 304.18-032, 304.32-153, and 304.38-199 to conform; amend KRS 304.17A-220 to add KCHIP or Medicaid as a qualifying event for enrollment in a group health plan with a period of 60 days to request special enrollment; amend KRS 304.17A-250 to provide that the requirement for hospice care coverage is subject to exceptions provided by federal law; amend 304.17-310 to allow individuals to have a break in full-time student status for medical leave and retain their dependent status under a family expense health insurance policy; amend KRS 304.17A-256 to allow individuals to have a break in full-time student status for medical leave and retain their dependent status under a group health benefit plan which provides dependent benefits; create new sections of Subtitle 18 of KRS Chapter 304 to define terms relating to mental health and substance use disorder benefits for large group health insurance policies; prohibit large group health insurance policies from placing greater restrictions on mental health or substance use disorder benefits than are placed on medical or surgical benefits; provide that the restrictions apply to aggregate lifetime limits, annual limits, financial requirements and treatment limitations for in-network and out-of-network benefits; require health insurers to disclose the availability of the criteria for medical necessity determinations with respect to mental health or substance use disorder benefits; amend KRS 304.17A-505, 304.17A-607, 304.18-036, 304.32-165, and 304.38-193 to conform; create a new section of Subtitle 99 of KRS Chapter 304 to provide that if a health insurer or agent violates the genetic information requirements of new sections created in this Act the executive director of the Office of Insurance may suspend, revoke, or refuse to continue a health insurer's certificate of authority or an agent's license, impose a fine, or both; repeal KRS 304.17A-660, 304.17A-661, 304.17A-665, 304.17A-669, 304.18-130, 304.18-140, 304.18-150, 304.18-170, 304.18-180, 304.32-158, and 304.38-197.
Feb 12-introduced in Senate
Feb 16-to Banking & Insurance (S)