{"data":{"id":"us-ky/krs-367.828","jurisdiction":"us-ky","citation":"KRS 367.828","heading":"Health discount plan -- Penalties.","body":"(1) As used in this section, \"health discount plan\" means any card, program, device, or\nmechanism that is not insurance that purports to offer discounts or access to\ndiscounts from a health care provider without recourse to the health discount plan.\n(2) No per son shall sell, market, promote, advertise, or otherwise distribute a health\ndiscount plan unless:\n(a) The health discount plan clearly states in bold and prominent type on all cards\nor other purchasing devices, promotional materials, and advertising that the\ndiscounts are not insurance;\n(b) The discounts are specifically authorized by an individual and separate\ncontract with each health care provider listed in conjunction with the health\ndiscount plan;\n(c) The discounts or the range of discounts advertised  or offered by the plan are\nclearly and conspicuously disclosed to the consumer; and\n(d) For health discount plans that purport to offer discounts or access to discounts\non prescription drugs:\n1. The plan does not utilize the same identifying information u sed by an\ninsurer under a health insurance policy, certificate, plan, or contract,\nincluding but not limited to policy numbers, group numbers, or member\nidentifications; and\n2. The person or plan does not seek, or contract for, the payment of any\nrefunds, recoupments, or fees from a pharmacy or pharmacist.\n(3) The provisions of subsection (2) of this section do not apply to the following:\n(a) A customer discount or membership card issued by a retailer for use in its\nown facility; or\n(b) Any card, program, device, or mechanism that:\n1. Is not insurance;\n2. Is administered by a health insurer authorized to transact the business of\ninsurance in this state; and\n3. Does not purport to offer discounts or access to discounts on\nprescription drugs.\n(4) (a) A violation of this section shall be deemed an unfair, false, misleading, or\ndeceptive act or practice in the conduct of trade or commerce in violatio n of\nKRS 367.170.\n(b) All of the remedies, powers, and duties delegated to the Attorney General by\nKRS 367.190 to 367.300 and penalties pertaining to acts and practices\ndeclared unlawful under KRS 367.170 shall be applied to acts and practices in\nviolation of this section.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55770","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:05Z","sha256":"bcc0573b1e8e7c106f34590adeae14f52960e703c011f1e082113efbec2a525c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.826","next":"us-ky/krs-367.830"},"notice":"GroundRules: Original legal text. Not legal advice."}