Kentucky Statutes 304.17A-230 – Pre-existing condition exclusion in individual market — Prohibition against use of genetic information — Administrative regulations
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(1) A health insurer offering individual health benefit plan coverage in the individual market in the Commonwealth shall not impose any pre-existing conditions exclusions as to any eligible individual.
(2) Each health insurer offering individual health benefit plan coverage in the individual market in the Commonwealth that chooses to impose a pre-existing conditions exclusion on individuals who do not meet the definition of eligible individual shall comply with the provisions of KRS § 304.17A-220, which establishes standards and requirements for pre-existing conditions exclusions for group health plans, including crediting previous coverage, and certification of coverage. Pregnancy may be considered to be a pre-existing condition.
(3) Genetic information shall not be treated as a pre-existing condition in the absence of a diagnosis of the condition related to the information.
(4) The Department of Insurance shall promulgate administrative regulations necessary to carry out the provisions of this section and KRS § 304.17A-220.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1219, effective July 15, 2010. — Amended 2006 Ky. Acts ch. 253, sec. 3, effective July 12, 2006. — Created 1998 Ky. Acts ch. 496, sec. 5, effective April 10, 1998.
(2) Each health insurer offering individual health benefit plan coverage in the individual market in the Commonwealth that chooses to impose a pre-existing conditions exclusion on individuals who do not meet the definition of eligible individual shall comply with the provisions of KRS § 304.17A-220, which establishes standards and requirements for pre-existing conditions exclusions for group health plans, including crediting previous coverage, and certification of coverage. Pregnancy may be considered to be a pre-existing condition.
Terms Used In Kentucky Statutes 304.17A-230
- Eligible individual: means an individual:
(a) For whom, as of the date on which the individual seeks coverage, the aggregate of the periods of creditable coverage is eighteen (18) or more months and whose most recent prior creditable coverage was under a group health plan, governmental plan, or church plan. See Kentucky Statutes 304.17A-005 - Individual market: means the market for the health insurance coverage offered to individuals other than in connection with a group health plan. See Kentucky Statutes 304.17A-005
- Insurer: means any insurance company. See Kentucky Statutes 304.17A-005
(3) Genetic information shall not be treated as a pre-existing condition in the absence of a diagnosis of the condition related to the information.
(4) The Department of Insurance shall promulgate administrative regulations necessary to carry out the provisions of this section and KRS § 304.17A-220.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1219, effective July 15, 2010. — Amended 2006 Ky. Acts ch. 253, sec. 3, effective July 12, 2006. — Created 1998 Ky. Acts ch. 496, sec. 5, effective April 10, 1998.