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.)