2006 Kentucky Revised Statutes - .846   Providing of requested information on insureds by group health benefit plan insurers -- Confidentiality.

304.17A-846 Providing of requested information on insureds by group health benefit plan insurers -- Confidentiality. (1) Any insurer issuing or delivering group health benefit plans in the Commonwealth shall provide to an employer-organized association health benefit plan, within thirty (30) calendar days after a written request, the information relating to its health benefit plan that has been requested, including but not limited to the following information for the previous three (3) years or for the entire period of coverage, whichever is shorter: (a)  Aggregate claims experience by month, including claims experience for pharmacy benefits; (b)  Total premiums paid by month; (c)  Total number of insureds on a monthly basis by coverage tier; and (d)  Sufficient detailed claims information to permit the employer-organized association to verify eligibility and participation of the groups and individuals participating in the employer-organized association program. The office shall, by July 15, 2005, promulgate administrative regulations to implement the provisions of this section and define the extent that individual information shall be provided. (2) This section shall not require the insurer to disclose any nonpublic personal health information without the written consent of the individual who is the subject of the information, as required by administrative regulations promulgated by the executive director. However, nonpublic personal health information may be provided to the employer-organized association health benefit plan as a covered entity to cover entity transfer under the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. sec. 300gg et seq., provided that the health benefit plan certifies to the insurer that it has adopted HIPAA-required safeguards and will treat the nonpublic personal health information in accordance with HIPAA standards. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 144, sec. 1, effective June 20, 2005. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

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