KRS 304.17-182: Special enrollment period for pregnancy.

(1) As used in this section:

(a) "Health benefit plan" has the same meaning as in KRS 304.17A -005, except

for purposes of this section, the term includes student health insurance offered

by a Kentucky -licensed insurer under written contract with a university or

college whose students it proposes to insure; and

(b) "Individual Exchange":

1. Means a governmental agency or nonprofit entity that makes qualified

health plans, as defined in 42 U.S.C. sec. 18021, as amended, available

to qualified individuals;

2. Includes an exchange serving the individual market for qualified

individuals; and

3. Does not include a Small Business Health Options Program serving the

small group market for qualified employers.

(2) To the extent permitted by federal law:

(a) The following shall provide a special enrol lment period to pregnant women

who are eligible for coverage:

1. Any insurer offering a health benefit plan in the individual market,

which shall include student health insurance coverage as defined in 45

C.F.R. sec. 147.145, as amended; and

2. Any individual exchange operating in this state;

(b) Except as provided in paragraph (c) of this subsection, the insurer or exchange

shall allow a pregnant woman, and any individual who is eligible for coverage

because of a relationship to a pregnant woman, to enroll for coverage under

the plan or on the exchange at any time during the pregnancy;

(c) If the insurer or exchange is required by federal law to limit the enrollment

period to a period that is less than the period provided in paragraph (b) of this

subsection:

1. The enrollment period shall not be less than the maximum per iod of

time permitted by federal law; and

2. The enrollment period shall begin not earlier than the date that the

pregnant woman receives confirmation of the pregnancy from a medical

professional;

(d) The coverage required under this subsection shall begin no later than the first

day of the first calendar month in which a medical professional determines

that the pregnancy began, except that a pregnant woman may direct coverage

to begin on the first day of any month occurring after that date but during the

pregnancy; and

(e) If a directive under paragraph (d) of this subsection falls outside of the

pregnancy period, the coverage required under this subsection shall begin no

later than the first day of the last month that occurred during the pregnancy.

(3) (a) Nothing in this section shall be construed to imply that the insured is not

responsible for the payment of premiums for each month during which

coverage is provided.

(b) For any coverage provided under this section, the original or first premium

shall become due and owing not earlier than thirty (30) days after the date of

enrollment.