Kentucky 2023 Regular Session Status: Enacted

HB 148 — AN ACT relating to the assignment of substance abuse or mental health treatment benefits.

Last action — signed by Governor (Acts Ch. 86)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2023. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Create a new section of Subtitle 17A of KRS Chapter 304 to provide for the written assignment of substance abuse or mental health treatment benefits to a substance abuse and mental health facility or other health care provider located in this state that provides both substance abuse and mental health treatment services to the public; amend KRS 304.14-250, 304.17-130, and 304.18-090 to conform; create a new section of Subtitle 38A of KRS Chapter 304 to require limited health service organizations to comply with assignment provisions; amend KRS 18A.225 and 164.2871 to require the state employee health plan and the state postsecondary education institutions, respectively, to comply with assignment provisions; apply assignment provisions to both insurance policies in effect and insurance policies issued, delivered, or renewed on or after effective date.

Bill Text

What changed in the latest version

405 added · 532 removed

405 line(s) added, 532 removed.

→
Previous
Latest
UNOFFICIAL COPY 23 RS HB 148/GA AN ACT relating to the assignment of substance abuse or mental health treatment benefits.
CHAPTER 86 1 CHAPTER 86 ( HB 148 ) AN ACT relating to the assignment of substance abuse or mental health treatment benefits.
Means any domestic, foreign, or alien insurer, self-insurer, self- insured plan, or self-insured group;
Means any domestic, foreign, or alien insurer, self-insurer, self-insured plan, or self-insured group;
Page 1 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA (a) Shall not prohibit or restrict, except as provided in paragraph (b) of this subsection, an insured under a health insurance policy from making a written assignment of any substance abuse or mental health treatment benefits available under the policy to a substance abuse or mental health facility;
(a) Shall not prohibit or restrict, except as provided in paragraph (b) of this subsection, an insured under a health insurance policy from making a written assignment of any substance abuse or mental health treatment benefits available under the policy to a substance abuse or mental health facility;
and d.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY d.
Make a good-faith effort to abide by the standards of care set forth by Page 2 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA the following, as applicable:
Make a good-faith effort to abide by the standards of care set forth by the following, as applicable:
Page 3 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA (d) Permit a substance abuse or mental health facility to waive deductibles, copayments, or coinsurance by the notice of assignment;
(d) Permit a substance abuse or mental health facility to waive deductibles, copayments, or coinsurance by the notice of assignment;
] (3) Any assignment of a policy which is otherwise lawful and of which the insurer has received notice[,] shall entitle the insurer to deal with the assignee as the owner or pledgee of the policy in accordance with the terms of the assignment, until the insurer has received at its principal office written notice of the termination of the assignment or pledge[,] or written notice by or on behalf of some interest in the policy in conflict with the assignment;
] (3) Any assignment of a policy which is otherwise lawful and of which the insurer has received notice[,] shall entitle the insurer to deal with the assignee as the owner or pledgee of the policy in accordance with the terms CHAPTER 86 3 of the assignment, until the insurer has received at its principal office written notice of the termination of the assignment or pledge[,] or written notice by or on behalf of some interest in the policy in conflict with the assignment;
(b) While the assignment is in effect, and regardless of when it was[ whether Page 4 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA heretofore or hereafter] made, the insurer shall be entitled to deal with the assignee as the owner of the[such] rights and benefits in accordance with the terms of the assignment and[;
(b) While the assignment is in effect, and regardless of when it was[ whether heretofore or hereafter] made, the insurer shall be entitled to deal with the assignee as the owner of the[such] rights and benefits in accordance with the terms of the assignment and[;
Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the Page 5 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA insurer to the extent of the payment.";
Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of the payment.";
(b) Payment[ so] made directly to a hospital or other person for all or a portion of any indemnities provided by a blanket health insurance policy or contract shall discharge the obligation of the insurer with respect to the amount of Page 6 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA insurance so paid.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Payment[ so] made directly to a hospital or other person for all or a portion of any indemnities provided by a blanket health insurance policy or contract shall discharge the obligation of the insurer with respect to the amount of insurance so paid.
or by any city, urban-county, charter county, county, or consolidated local government, whose legislative body has opted to participate in the state- sponsored health insurance program pursuant to KRS 79.080;
or by any city, urban-county, charter county, county, or consolidated local government, whose legislative body has opted to participate in the state-sponsored health insurance program pursuant to KRS 79.080;
Page 7 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA 3.
3.
(2) (a) The secretary of the Finance and Administration Cabinet, upon the recommendation of the secretary of the Personnel Cabinet, shall procure, in compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090, from one (1) or more insurers authorized to do business in this state, a group health benefit plan that may include but not be limited to health maintenance organization (HMO), preferred provider organization (PPO), point of service (POS), and exclusive provider organization (EPO) benefit plans Page 8 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA encompassing all or any class or classes of employees.
(2) (a) The secretary of the Finance and Administration Cabinet, upon the recommendation of the secretary of the Personnel Cabinet, shall procure, in compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090, from one (1) or more insurers authorized to do business in this state, a group health benefit plan that may include but not be limited to health maintenance organization (HMO), preferred provider organization (PPO), point of service (POS), and exclusive provider organization (EPO) benefit plans encompassing all or any class or classes of employees.
The contracts shall include but not be limited to designating the entity responsible for filing any federal forms, adoption of policies required for proper plan administration, acceptance of the contractual provisions with health insurance carriers or third-party administrators, and adoption of the payment and reimbursement methods necessary for efficient administration of the health insurance program.
The contracts shall include but not be limited to designating the entity responsible for filing any federal forms, adoption of policies required for proper plan administration, CHAPTER 86 5 acceptance of the contractual provisions with health insurance carriers or third-party administrators, and adoption of the payment and reimbursement methods necessary for efficient administration of the health insurance program.
Except as Page 9 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA provided in subsection (20) of this section, any carrier bidding to offer health care coverage to employees shall also agree to rate all employees as a single entity, except for those retirees whose former employers insure their active employees outside the state-sponsored health insurance program and as otherwise provided in KRS 61.702(2)(b)3.b.
Except as provided in subsection (20) of this section, any carrier bidding to offer health care coverage to employees shall also agree to rate all employees as a single entity, except for those retirees whose former employers insure their active employees outside the state-sponsored health insurance program and as otherwise provided in KRS 61.702(2)(b)3.b.
The Personnel Cabinet shall include in the October annual report submitted pursuant to the provisions of KRS 18A.226 to the Governor, the General Assembly, and the Chief Justice of the Supreme Court, an analysis of the financial stability of the program, which shall include but not be limited to loss ratios, methods of risk adjustment, measurements of carrier quality of service, prescription coverage and cost management, and statutorily required Page 10 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA mandates.
The Personnel Cabinet shall include in the October annual report submitted pursuant to the provisions of KRS 18A.226 to the Governor, the General Assembly, and the Chief Justice of the Supreme Court, an analysis of the financial stability of the program, which shall include but not be limited to loss ratios, methods of risk adjustment, measurements of carrier quality of service, prescription coverage and cost management, and statutorily required mandates.
(b) Wholly from funds contributed by any department, board, agency, public postsecondary education institution, or branch of state, city, urban-county, charter county, county, or consolidated local government;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Wholly from funds contributed by any department, board, agency, public postsecondary education institution, or branch of state, city, urban-county, charter county, county, or consolidated local government;
or (c) Partly from each, except that any premium due for health care coverage or dental coverage, if any, in excess of the premium amount contributed by any department, board, agency, postsecondary education institution, or branch of state, city, urban-county, charter county, county, or consolidated local Page 11 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA government for any other health care coverage shall be paid by the employee.
or (c) Partly from each, except that any premium due for health care coverage or dental coverage, if any, in excess of the premium amount contributed by any department, board, agency, postsecondary education institution, or branch of state, city, urban-county, charter county, county, or consolidated local government for any other health care coverage shall be paid by the employee.
(9) The secretary shall appoint thirty-two (32) persons to an Advisory Committee of State Health Insurance Subscribers to advise the secretary or the secretary's Page 12 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA designee regarding the state-sponsored health insurance program for employees.
(9) The secretary shall appoint thirty-two (32) persons to an Advisory Committee of State Health Insurance Subscribers to advise the secretary or the secretary's designee regarding the state-sponsored health insurance program for employees.
(12) Any employee who is eligible for and elects to participate in the state health Page 13 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA insurance program as a retiree, or the spouse or beneficiary of a retiree, under any one (1) of the state-sponsored retirement systems shall not be eligible to receive the state health insurance contribution toward health care coverage as a result of any other employment for which there is a public employer contribution.
(12) Any employee who is eligible for and elects to participate in the state health insurance program as a retiree, or the spouse or beneficiary of a retiree, under any one (1) of the state-sponsored retirement systems shall not be eligible to receive the state health insurance contribution toward health care coverage as a result of any other employment for which there is a public employer contribution.
This does not preclude a retiree and an active employee spouse from using both contributions to the extent needed for purchase of one (1) state sponsored health insurance policy for that plan year.
This does not preclude a retiree and an active CHAPTER 86 7 employee spouse from using both contributions to the extent needed for purchase of one (1) state sponsored health insurance policy for that plan year.
(16) Any policy provided to state employees or their dependents pursuant to this section Page 14 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA shall provide coverage for obtaining amino acid-based elemental formula pursuant to KRS 304.17A-258.
(16) Any policy provided to state employees or their dependents pursuant to this section shall provide coverage for obtaining amino acid-based elemental formula pursuant to KRS 304.17A-258.
Page 15 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA (b) The Personnel Cabinet shall divide the state into geographical regions which shall be the same as the partnership regions designated by the Department for Medicaid Services for purposes of the Kentucky Health Care Partnership Program established pursuant to 907 KAR 1:705;
(b) The Personnel Cabinet shall divide the state into geographical regions which shall be the same as the partnership regions designated by the Department for Medicaid Services for purposes of the Kentucky Health Care Partnership Program established pursuant to 907 KAR 1:705;
(21) Any fully insured health benefit plan or self-insured plan issued or renewed on or after July 12, 2006, to public employees pursuant to this section which provides coverage for services rendered by a physician or osteopath duly licensed under KRS Chapter 311 that are within the scope of practice of an optometrist duly licensed under the provisions of KRS Chapter 320 shall provide the same payment of coverage to optometrists as allowed for those services rendered by physicians or osteopaths.
(21) Any fully insured health benefit plan or self-insured plan issued or renewed on or after July 12, 2006, to public employees pursuant to this section which provides coverage for services rendered by a physician or osteopath Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY duly licensed under KRS Chapter 311 that are within the scope of practice of an optometrist duly licensed under the provisions of KRS Chapter 320 shall provide the same payment of coverage to optometrists as allowed for those services rendered by physicians or osteopaths.
Page 16 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA (e) KRS 304.17A-700 to 304.17A-730;
(e) KRS 304.17A-700 to 304.17A-730;
Page 17 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA UNOFFICIAL COPY 23 RS HB 148/GA (3) Except as provided in KRS Chapter 44, the purchase of liability insurance for members of governing boards, faculty and staff of institutions of higher education in this state shall not be construed to be a waiver of sovereign immunity or any other immunity or privilege.
(3) Except as provided in KRS Chapter 44, the purchase of liability insurance for members of governing boards, faculty and staff of institutions of higher education in this state shall not be construed to be a waiver of sovereign immunity or any other immunity or privilege.
and (2) Health insurance policies issued, delivered, or renewed on or after the effective date of this Act.
and CHAPTER 86 9 (2) Health insurance policies issued, delivered, or renewed on or after the effective date of this Act.
Page 18 of 18 HB014810.100 - 462 - XXXX 3/3/2023 10:33 AM GA
Signed by Governor March 24, 2023.
Legislative Research Commission PDF Version
⬇ Download PDF
View plain text versions (3)

Action History

  1. signed by Governor (Acts Ch. 86)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. received in House

  6. 3rd reading, passed 34-0

  7. posted for passage in the Consent Orders of the Day for Thursday, March 16, 2023

  8. 2nd reading, to Rules as a consent bill

  9. reported favorably, 1st reading, to Consent Calendar

  10. to Banking & Insurance (S)

  11. to Committee on Committees (S)

  12. received in Senate

  13. 3rd reading, passed 97-0 with Committee Substitute (1)

  14. posted for passage in the Regular Orders of the Day for Friday, March 03, 2023

  15. 2nd reading, to Rules

  16. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  17. to Banking & Insurance (H)

  18. to Committee on Committees (H)

  19. introduced in House

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASS HB 148

Passed 34 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 2000
Republican 19002
Unaffiliated 13001
Total 34003
% of votes cast 92%0%0%8%
How each member voted (37)
Member Party Vote
Smith — Yea
Southworth — Yea
Westerfield — Yea
ChambersArmstrong — Yea
Meredith — Yea
Thayer — Yea
Williams — Yea
Thomas — Yea
Wilson — Yea
Nemes — Yea
Turner — Yea
Yates — Yea
Schickel — Yea
Harper Angel — Not Voting
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Not Voting
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Not Voting
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 97 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 13001
Republican 65001
Unaffiliated 19001
Total 97003
% of votes cast 97%0%0%3%
How each member voted (100)
Member Party Vote
Meredith — Yea
Dixon — Yea
Smith — Yea
Bentley — Yea
Nemes — Yea
Swann — Yea
Justice — Yea
Palumbo — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Bratcher S. — Yea
Webber — Yea
Raymond — Yea
Graham — Yea
Williams — Yea
Wilson — Yea
Heath — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Not Voting
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Not Voting
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

healthcare education health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 148 do?
Create a new section of Subtitle 17A of KRS Chapter 304 to provide for the written assignment of substance abuse or mental health treatment benefits to a substance abuse and mental health facility or other health care provider located in this state that provides both substance abuse and mental health treatment services to the public; amend KRS 304.14-250, 304.17-130, and 304.18-090 to conform; create a new section of Subtitle 38A of KRS Chapter 304 to require limited health service organizations to comply with assignment provisions; amend KRS 18A.225 and 164.2871 to require the state employee health plan and the state postsecondary education institutions, respectively, to comply with assignment provisions; apply assignment provisions to both insurance policies in effect and insurance policies issued, delivered, or renewed on or after effective date.
What is the current status of HB 148?
This bill has been enacted into law. Introduced February 07, 2023. Enacted.
Where can I track HB 148?
Track HB 148 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 148

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 148

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →