Kentucky 2024 Regular Session Status: Enacted Bipartisan · 7 D · 5 R cosponsors

HB 115 — AN ACT relating to coverage for breast examinations.

Last action — signed by Governor (Acts Ch. 97)

  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 January 03, 2024. Enacted.

Signed by Governor Andy Beshear (Democratic) on April 05, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 16 sponsors

    16 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 D · 5 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Amend KRS 304.17-316 to define terms; make technical corrections; prohibit cost-sharing requirements for any covered diagnostic breast examination or supplemental breast examination; provide for additional coverage if required under federal law; provide exemption to Health Savings Account-qualified High Deductible Health Plans under certain circumstances; amend KRS 304.17A-096, 304.17A-133, 304.18-098, 304.32-1591, and 304.38-1935 to conform; amend KRS 18A.225 and 164.2871 to require the state employee health plan and self-insured employer group health plans provided by the governing board of a state postsecondary education institution to comply with breast examination coverage requirements; EFFECTIVE January 1, 2025.

Bill Text

What changed in the latest version

408 added · 538 removed

408 line(s) added, 538 removed.

→
Previous
Latest
UNOFFICIAL COPY 24 RS HB 115/GA AN ACT relating to coverage for breast examinations.
CHAPTER 97 1 CHAPTER 97 ( HB 115 ) AN ACT relating to coverage for breast examinations.
and[ including ] Page 1 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA c.
and[ including ] c.
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
Low-dose mammography screening for persons who have no sign or symptom of breast cancer[ and when performed on dedicated equipment which meets the guidelines established by the Page 2 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA American College of Radiology and] upon self-referral or[ on] referral by a health care practitioner acting within the scope of the practitioner's licensure.
Low-dose mammography screening for persons who have no sign or symptom of breast cancer[ and when performed on dedicated equipment which meets the guidelines established by the American College of Radiology and] upon self-referral or[ on] referral by a health care practitioner acting within the scope of the practitioner's licensure.
and[.] 2.[(b)] a.
and[.] 2.[(b)]a.
The coverage required[provided] under this Page 3 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA subparagraph[paragraph] shall be subject to the same annual deductibles or coinsurance established for other coverages within the policy;
The coverage required[provided] under this subparagraph[paragraph] shall be subject to the same annual deductibles or coinsurance established for other coverages within the policy;
(4) Effective July 15, 1990, any facility in which mammograms are performed for reimbursement under this section, KRS 304.18-098, 304.32-1591, or 304.38-1935 shall meet ] Page 4 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA (e) Performed by a facility that meets current criteria of the American College of Radiology Mammography Accreditation Program;
(4) Effective July 15, 1990, any facility in which mammograms are performed for reimbursement under this section, KRS 304.18-098, 304.32-1591, or 304.38-1935 shall meet ] (e) Performed by a facility that meets current criteria of the American College of Radiology Mammography Accreditation Program;
and (f) Performed on dedicated equipment that meets the guidelines established by the American College of Radiology.
and CHAPTER 97 3 (f) Performed on dedicated equipment that meets the guidelines established by the American College of Radiology.
(4) If the application of any requirement of subsection (2) of this section would be the sole cause of a health insurance policy's, plan's, certificate's, or contract's failure to qualify as a Health Savings Account-qualified High Deductible Health Plan under 26 U.S.C.
(4) If the application of any requirement of subsection (2) of this section would be the sole cause of a health insurance policy's, plan's, certificate's, or contract's failure to qualify as a Health Savings Account- qualified High Deductible Health Plan under 26 U.S.C.
(3) An insurer in the individual, small group, or employer-organized association markets that offers a basic health benefit plan may offer a basic health benefit plan that excludes from coverage any state-mandated health insurance benefit, except that the basic health benefit plan shall include coverage for diabetes as provided in KRS 304.17A-148, hospice as provided in KRS 304.17A-250(6), chiropractic benefits as provided in KRS 304.17A-171, breast examinations[mammograms] as provided in KRS 304.17A-133, and those mandated benefits specified under federal Page 5 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA law.
(3) An insurer in the individual, small group, or employer-organized association markets that offers a basic health benefit plan may offer a basic health benefit plan that excludes from coverage any state-mandated health insurance benefit, except that the basic health benefit plan shall include coverage for diabetes as provided in KRS 304.17A-148, hospice as provided in KRS 304.17A-250(6), chiropractic benefits as provided in KRS 304.17A-171, breast examinations[mammograms] as provided in KRS 304.17A-133, and those mandated benefits specified under federal law.
The coverage shall meet the standards set forth in] KRS 304.17- 316.
The coverage shall meet the standards set forth in] KRS 304.17-316.
The coverage shall meet the standards set forth in] KRS 304.17-316.
The coverage shall meet the standards set forth in] KRS 304.17- 316.
Health maintenance organization[organizations issuing] contracts in this Commonwealth[ that provide hospital, medical, or surgical expense benefits for surgical Page 6 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA services for a mastectomy and that are delivered, issued for delivery, amended, or renewed on or after October 15, 1990,] shall comply with[also provide coverage for mammograms under KRS 304.17-316.
Health maintenance organization[organizations issuing] contracts in this Commonwealth[ that provide hospital, medical, or surgical expense benefits for surgical services for a mastectomy and that are delivered, issued for delivery, amended, or renewed on or after October 15, 1990,] shall comply with[also provide coverage for mammograms under KRS 304.17-316.
The coverage shall meet the minimum standards set forth in] KRS 304.17-316.
The coverage shall meet the minimum standards set forth in] KRS 304.17- 316.
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
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;
Any certified or classified employee of a local board of education or a Page 7 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA public charter school as defined in KRS 160.1590;
Any certified or classified employee of a local board of education or a public charter school as defined in KRS 160.1590;
(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 Page 8 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA (POS), and exclusive provider organization (EPO) benefit plans 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.
(b) The policy or policies shall be approved by the commissioner of insurance and may contain the provisions the commissioner of insurance approves, whether or not otherwise permitted by the insurance laws.
CHAPTER 97 5 (b) The policy or policies shall be approved by the commissioner of insurance and may contain the provisions the commissioner of insurance approves, whether or not otherwise permitted by the insurance laws.
(c) Any carrier bidding to offer health care coverage to employees shall agree to provide coverage to all members of the state group, including active employees and retirees and their eligible covered dependents and Page 9 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA beneficiaries, within the county or counties specified in its bid.
(c) Any carrier bidding to offer health care coverage to employees shall agree to provide coverage to all members of the state group, including active employees and retirees and their eligible covered dependents and beneficiaries, within the county or counties specified in its bid.
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 Page 10 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA service, prescription coverage and cost management, and statutorily required 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.
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 Page 11 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA state, city, urban-county, charter county, county, or consolidated local 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.
(4) If an employee moves his or her place of residence or employment out of the service area of an insurer offering a managed health care plan, under which he or she has elected coverage, into either the service area of another managed health care plan or into an area of the Commonwealth not within a managed health care plan service area, the employee shall be given an option, at the time of the move or transfer, to change his or her coverage to another health benefit plan.
(4) If an employee moves his or her place of residence or employment out of the service area of an insurer offering a managed health care plan, under which he or she has elected coverage, into either the service area of Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY another managed health care plan or into an area of the Commonwealth not within a managed health care plan service area, the employee shall be given an option, at the time of the move or transfer, to change his or her coverage to another health benefit plan.
(9) The secretary shall appoint thirty-two (32) persons to an Advisory Committee of Page 12 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA State Health Insurance Subscribers to advise the secretary or the secretary's 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.
Page 13 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA (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.
(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.
(c) The mail-order option shall not permit the dispensing of a controlled substance classified in Schedule II.
CHAPTER 97 7 (c) The mail-order option shall not permit the dispensing of a controlled substance classified in Schedule II.
Page 14 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA (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.
(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.
(a) The regional rating bid scenario shall not include a request for bid on a Page 15 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA statewide option;
(a) The regional rating bid scenario shall not include a request for bid on a statewide option;
Page 16 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA (d) KRS 205.593;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) KRS 205.593;
(2) All retirement annuity allowances accrued or accruing to any employee of a state postsecondary educational institution through a retirement program sponsored by the state postsecondary educational institution are hereby exempt from any state, county, or municipal tax, and shall not be subject to execution, attachment, garnishment, or any other process whatsoever, nor shall any assignment thereof be Page 17 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA UNOFFICIAL COPY 24 RS HB 115/GA enforceable in any court.
(2) All retirement annuity allowances accrued or accruing to any employee of a state postsecondary educational institution through a retirement program sponsored by the state postsecondary educational institution are hereby exempt from any state, county, or municipal tax, and shall not be subject to execution, attachment, garnishment, or any other process whatsoever, nor shall any assignment thereof be enforceable in any court.
Page 18 of 18 HB011510.100 - 278 - XXXX 2/5/2024 4:38 PM GA
CHAPTER 97 9 Signed by Governor April 5, 2024.
Legislative Research Commission PDF Version
⬇ Download PDF
View plain text versions (3)

Action History

  1. signed by Governor (Acts Ch. 97)

  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 38-0

  7. passed over and retained in the Consent Orders of the Day

  8. passed over and retained in the Consent Orders of the Day

  9. posted for passage in the Consent Orders of the Day for Tuesday, March 26, 2024

  10. 2nd reading, to Rules as a consent bill

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

  12. to Health Services (S)

  13. to Committee on Committees (S)

  14. received in Senate

  15. 3rd reading, passed 93-0

  16. posted for passage in the Regular Orders of the Day for Monday, February 05, 2024

  17. 2nd reading, to Rules

  18. reported favorably, 1st reading, to Calendar

  19. to Health Services (H)

  20. to Committee on Committees (H)

  21. introduced in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

16 sponsors · 0 co-sponsors · 122 not signed on

Sponsors (16)

Co-sponsors (0)

None.

Not signed on (122)

122 members have not signed on to this bill.

Show all 122 →

"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

PASS HB 115

Passed 38 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 3000
Republican 28000
Unaffiliated 7000
Total 38000
% of votes cast 100%0%0%0%
How each member voted (38)
Member Party Vote
Turner — Yea
Schickel — Yea
Southworth — Yea
Westerfield — Yea
Thayer — Yea
Yates — Yea
Harper Angel — Yea
Cassie Chambers Armstrong Democrat Yea
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
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson 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
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea

Official roll call →

Pass

Passed 93 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 13002
Republican 70002
Unaffiliated 10002
Total 93006
% of votes cast 94%0%0%6%
How each member voted (99)
Member Party Vote
Heath — Yea
Dixon — Yea
Bentley — Yea
Palumbo — Yea
Pratt — Yea
Timoney — Yea
Raymond — Yea
Graham — Yea
Justice — Not Voting
COMMONWEALTH OF KENTUCKY SENATE — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Adrielle Camuel Democrat 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 Not Voting
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Not Voting
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Not Voting
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 Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes 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 Not Voting
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 Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson 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 Bratcher 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
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

healthcare 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 115 do?
Amend KRS 304.17-316 to define terms; make technical corrections; prohibit cost-sharing requirements for any covered diagnostic breast examination or supplemental breast examination; provide for additional coverage if required under federal law; provide exemption to Health Savings Account-qualified High Deductible Health Plans under certain circumstances; amend KRS 304.17A-096, 304.17A-133, 304.18-098, 304.32-1591, and 304.38-1935 to conform; amend KRS 18A.225 and 164.2871 to require the state employee health plan and self-insured employer group health plans provided by the governing board of a state postsecondary education institution to comply with breast examination coverage requirements; EFFECTIVE January 1, 2025.
Who sponsors HB 115?
HB 115 is sponsored by Kimberly Poore Moser (Republican), Lisa Willner (Democrat), D. Bentley, Tina Bojanowski (Democrat), Lindsey Burke (Democrat), Beverly Chester-Burton (Democrat), R. Heath, Amy Neighbors (Republican), R. Palumbo, J. Raymond, Scott Sharp (Republican), Sarah Stalker (Democrat), Pamela Stevenson (Democrat), Nancy Tate (Republican), and Susan Witten (Republican).
What is the current status of HB 115?
This bill has been enacted into law. Introduced January 03, 2024. Enacted.
Where can I track HB 115?
Track HB 115 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 115

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 115

Last checked for changes 2 months ago · updated continuously

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

Track this bill →