2016 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 17A - Health Benefit Plans 304.17A-172 Requirements for health benefit plans that include anticancer medications that are injected or intravenously administered by a health care provider and patient-administered anticancer medications.
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304.17A-172
Requirements for health benefit plans that include anticancer
medications that are injected or intravenously administered by a health care
provider and patient-administered anticancer medications.
(1)
(2)
(3)
(4)
(5)
For purposes of this section:
(a) "Anticancer medications" means drugs and biologics that are used to kill,
slow, or prevent the growth of cancerous cells; and
(b) "Cost sharing" means the cost to an individual insured under an individual or
group health benefit plan according to any coverage limit, copayment,
coinsurance, deductible, or other out-of-pocket expense requirements imposed
by the plan.
A health benefit plan that covers anticancer medications that are injected or
intravenously administered by a health care provider and patient-administered
anticancer medications, including but not limited to those orally administered or
self-injected, shall not require a higher copayment, deductible, or coinsurance
amount for patient-administered anticancer medications than it requires for injected
or intravenously administered anticancer medications, regardless of the formulation
or benefit category determination by the health benefit plan.
A health benefit plan shall not comply with subsection (2) of this section by:
(a) Increasing the copayment, deductible, or coinsurance amount required for
injected or intravenously administered anticancer medications that are covered
under the health benefit plan; or
(b) Reclassifying benefits with respect to anticancer medications.
Notwithstanding any provision of this section to the contrary, an individual or group
health benefit plan shall be deemed to be in compliance with this section if the cost
sharing imposed under such a policy does not exceed one hundred dollars ($100)
per prescription fill for a thirty (30) day period.
For a health benefit plan that meets the definition of a high deductible health plan as
defined by 26 U.S.C. sec. 223(c)(2), to be used in conjunction with a health savings
account as defined by 26 U.S.C. sec. 223(d)(1), the provisions of subsection (4) of
this section shall only apply after an insured's deductible has been satisfied for the
year.
Effective: January 1, 2015
History: Created 2014 Ky. Acts ch. 119, sec. 11, effective January 1, 2015.
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