HB 64 (BR 428) - J. Draud, B. Ausmus, III, B. Colter, J. Reinhardt
AN ACT relating to liability of health insurers.
Create new sections of Subtitle 17A of KRS Chapter 304 to require an insurer that offers a managed care plan to exercise ordinary care in making health care treatment decisions; provide that an insurer that offers a managed care plan is liable for damages for harm to an insured or enrollee proximately caused by the insurer's failure to exercise ordinary care; prohibit as a defense that the insurer or employee did not control or influence or participate in the decision; prohibit use of hold harmless clauses in contracts; prohibit insurer from asserting as a defense any law that prohibits an insurer from practicing medicine; provide that no liability of an employer is created; require an insured to exhaust appeals and review under any applicable utilization review requirements.
(Prefiled by the sponsor(s))
Jan 4-introduced in House; to Banking and Insurance (H)
Feb 25-posted in committee