KRS 304.17A-230: Pre -existing condition exclusion in individual market -- Prohibition

against use of genetic information -- Administrative regulations.

(1) A health insurer offering individual health benefit plan coverage in the individual

market in the Commonweal th shall not impose any pre -existing conditions

exclusions as to any eligible individual.

(2) Each health insurer offering individual health benefit plan coverage in the

individual market in the Commonwealth that chooses to impose a pre -existing

conditions exclusion on individuals who do not meet the definition of eligible

individual shall comply with the provisions of KRS 304.17A-220, which establishes

standards and requirements for pre -existing conditions exclusions for group health

plans, including credi ting previous coverage, and certification of coverage.

Pregnancy may be considered to be a pre-existing condition.

(3) Genetic information shall not be treated as a pre-existing condition in the absence of

a diagnosis of the condition related to the information.

(4) The Department of Insurance shall promulgate administrative regulations necessary

to carry out the provisions of this section and KRS 304.17A-220.