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806 KAR 17:050. Inclusion of Medicaid as first payor prohibited


Published: 2015

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      806 KAR 17:050.

Inclusion of Medicaid as first payor prohibited.

 

      RELATES TO: KRS

304.12-080, 304.17-220, 304.17-230, 304.18-020, 304.18-070, 304.32-150,

304.32-160, 304.38-050, 304.38-180

      STATUTORY AUTHORITY:

KRS 304.2-110

      NECESSITY, FUNCTION,

AND CONFORMITY: KRS 304.2-110 provides that the Executive Director of

Insurance may make reasonable rules and administrative regulations for or as an

aid to the effectuation of any provision of the Kentucky Insurance Code. This

administrative regulation prohibits the inclusion in insurance contracts and

health care provider agreements of provisions making Medicaid first payor.

 

      Section 1. No

insurer or health care provider shall write or issue any policy or certificate

of coverage provision which has the effect of limiting or excluding its

obligation to pay on a claim because the insured is eligible for or is provided

medical assistance under the provisions of title XIX of the Social Security Act

(Medicaid).

 

      Section 2. No

insurer or health care provider shall deny or cancel a policy of insurance or

certificate of coverage on the basis that the insured or enrollee is a

recipient of medical assistance benefits under title XIX of the Social Security

Act (Medicaid). (5 Ky.R. 635; eff. 5-2-79; TAm eff. 8-9-2007.)