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304.17B-005 Creation of Kentucky Access -- Appointment of division director -Purpose -- Liabilities.
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There is hereby created Kentucky Access, which shall ensure that health coverage is
made available to each Kentucky individual resident applying and qualifying for
coverage. Any health coverage provided under this section shall begin no sooner
than January 1, 2001. Kentucky Access is designed for the purpose of implementing
an acceptable alternative mechanism within the meaning of 42 U.S.C. sec. 300gg44(a)(1) so that Kentucky may preserve the flexibility over the regulation of health
coverage allowed by federal law.
Kentucky Access shall operate under the Division of Kentucky Access in the
Department of Insurance. The division shall be headed by a division director
appointed by the secretary of the Public Protection Cabinet in accordance with KRS
12.050.
Neither the department nor its employees shall be liable for any obligations of
Kentucky Access. No member or employee of the department shall be liable, and no
cause of action of any nature may arise against them, for any act or omission related
to the performance of their powers and duties under KRS 304.17B-001 to 304.17B031, unless such act or omission constitutes willful or wanton misconduct. The
department may provide in its policies and procedures for indemnification of, and
legal representation for, its members and employees.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1275, effective July 15, 2010. -Amended 2001 Ky. Acts ch. 33, sec. 1, effective June 21, 2001. -- Created 2000 Ky.
Acts ch. 476, sec. 3, effective July 14, 2000.
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