KRS 304.17B-005: Creation of Kentucky Access -- Appointment of division director --

Purpose -- Liabilities.

(1) 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. 30 0gg-

44(a)(1) so that Kentucky may preserve the flexibility over the regulation of health

coverage allowed by federal law.

(2) Kentucky Access shall operate under the Division of Health Benefit Exchange in

the Office of Health Data and Analytics, Cabinet fo r Health and Family Services.

The division shall be headed by a division director appointed by the secretary of the

Cabinet for Health and Family Services in accordance with KRS 12.050.

(3) Neither the office nor its employees shall be liable for any oblig ations of Kentucky

Access. No member or employee of the office 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 304.17B -031,

unless such act or omission constitutes willful or wanton misconduct. The office

may provide in its policies and procedures for indemnification of, and legal

representation for, its members and employees.