{"data":{"id":"us-ky/krs-304.18-127","jurisdiction":"us-ky","citation":"KRS 304.18-127","heading":"Transfer of liability when policy replaced by that of succeeding insurer.","body":"(1) This section shall indicate the insurer responsible for liability in those instances in\nwhich one (1) insurer's group policy replaces the group policy of another insurer.\n(2) The prior insurer shall remain liable only to the extent of its accrued liabilities,\nextension of benefits, and for persons who are under continued group health\ninsurance coverage pursuant to KRS 304.18 -110 at the time the group policy\nterminates. The position of the prior insurer shall be the same whether the group\npolicyholder secures replacement coverage from a new insurer, self insures, or\nforgoes the provision of a group policy, except that termination of continued group\nhealth insurance coverage shall occur in accordance with KRS 304.18 -110 and\n304.18-114.\n(3) The liability of a succeeding insurer shall be as follows:\n(a) Each person who is eligible for coverage shall be covered by that insurer's\nplan on the effective date of coverage and in accor dance with KRS 304.17A -\n200.\n(b) If a person, who is eligible for coverage, is confined as of the effective date of\ncoverage under the succeeding insurer's plan and the succeeding insurer has a\nnonconfinement rule, the succeeding insurer is not responsible for the cost of\nthe person's confinement to the extent that the confinement is covered by a\nprior insurer's extension of benefits provision, in accordance with KRS\n304.18-126.\n(c) The succeeding insurer, in applying any deductibles or waiting periods in it s\nplan, shall give credit for the satisfaction or partial satisfaction of the same or\nsimilar provisions under a prior group policy. In the case of deductible\nprovisions, the credit shall apply for the same or overlapping benefit periods\nand shall be given  for expenses actually incurred and applied against the\ndeductible provisions of the prior insurer's group policy during the ninety (90)\ndays preceding the effective date of the succeeding insurer's group policy, but\nonly to the extent these expenses are r ecognized under the terms of the\nsucceeding insurer's group policy and are subject to similar deductible\nprovisions.\n(d) If a determination of the prior insurer's benefit is required by the succeeding\ninsurer, at the succeeding insurer's request the prior insurer shall furnish a\nstatement of the benefits available or pertinent information sufficient to permit\nverification of the benefit determination or the determination itself by the\nsucceeding insurer. For purposes of this section, benefits of the prior i nsurer's\ngroup policy shall be determined in accordance with all of the definitions,\nconditions, and covered expense provisions of the prior insurer's group policy\nrather than those of the succeeding insurer's group policy. The benefit\ndetermination shall be made as if coverage had not been replaced by the\nsucceeding insurer.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=29451","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:49Z","sha256":"9e6ccc8019ca0ba526b248bfdaf7fa186154d9d3af1592fa1e1b67965f354914","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.18-126","next":"us-ky/krs-304.18-130"},"notice":"GroundRules: Original legal text. Not legal advice."}