Title 101 | Chapter 002 | Regulation 210
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
PERSONNEL CABINET
Office of the Secretary
(Amendment)
101 KAR 2:210.20222021 Plan Year Handbook for the Public Employee Health Insurance Program.
Section 1.
The Department of Employee Insurance shall distribute or make available to the public employees covered under the self-insured plan the 2022Section 2.
Incorporation by Reference.(1)
"2022(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Personnel Cabinet's Web site on the Docs, Forms and Legal Notices page at: https://personnel.ky.gov/Pages/healthinsurance.aspx.HISTORY: (33 Ky.R. 2800; 3333; eff. 6-1-2007; 34 Ky.R. 1779; 2089; eff. 4-4-2008; 35 Ky.R. 1243; eff. 2-6-2009; 36 Ky.R. 835; 1194; eff. 1-4-2010 37 Ky.R. 1000; eff. 1-3-2011; 38 Ky.R. 812; 1116; eff. 1-6-2012; 39 Ky.R. 813; 1-4-2013; 40 Ky.R. 884; eff. 1-3-2014; 41 Ky.R. 845; eff. 1-5-2015; 845; 42 Ky.R. 1278; eff. 1-4-2016; 43 Ky.R. 599; eff. 1-6-2017; 44 Ky.R. 769; eff. 1-5-2018; 45 Ky.R. 1055; eff. 1055; eff. 1-4-2019; 46 Ky.R. 1276; eff. 4-1-2020; 47 Ky.R. 751; eff. 4-6-2021; 48 Ky.R. 1233; eff. 4-5-2022.)
GERINA D. WHETHERS, Secretary
APPROVED BY AGENCY: September 3, 2021
FILED WITH LRC: September 15, 2021 at 8:23 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 22, 2021 at 10:00 a.m. at 501 High Street, 3rd Floor, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until 11:59 p.m. on November 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Chris Chamness, Staff Attorney, Office of Legal Services, Personnel Cabinet, 501 High Street, 2rd Floor, Frankfort, Kentucky 40601, phone (502) 564-6815, fax (502) 564-7603, email Chris.Chamness@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Chris Chamness
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation incorporates by reference the 2022 plan year handbook containing information about the self-insured health insurance plans offered through the Public Employee Health Insurance Program. The handbook, commonly referred to as the Benefits Selection Guide, is distributed to plan holders participating in the self-insured program. The Benefits Selection Guide contains the premiums, employee contributions, employer contributions, and a summary of benefits, co-pays, coinsurance, and deductibles for each plan available to public employees through the self-insured program in 2022.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to comply with the statutory mandate of KRS 18A.2254. More specifically, KRS 18A.2254(1)(a) requires the Personnel Cabinet to promulgate an administrative regulation that incorporates by reference the 2022 plan year handbook that will be distributed to the public employees covered by the Public Employee Health Insurance Program. The handbook must be filed with the Legislative Research Commission on or before September 15 each year.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation complies with KRS 18A.2254(1), the statute that establishes the self-insured plan and mandates the promulgation of the administrative regulation.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation aids in the effectuation of the statute, KRS 18A.2254, by incorporating by reference the 2022 plan year handbook for the Public Employee Health Insurance Program in an administrative regulation. Further, this administrative regulation is the method by which the Personnel Cabinet will comply with KRS 18A.2254.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is an amendment. The existing administrative regulation incorporates by reference the 2021 plan year handbook, which constitutes a compilation of the premium rates and contributions, benefit options, eligibility rules, and enrollment information for participants of the Public Employee Health Insurance Program for plan year 2021. The amendment adds and incorporates by reference the 2022 plan year handbook, which contains the premiums, employee contributions, employer contributions, and a summary of benefits, co-pays, coinsurance, and deductibles for each plan available to public employees for plan year 2022.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to give notice regarding the premiums, employee contributions, employer contributions, benefits, co-pays, coinsurance, and deductibles for each plan available to public employees under the Public Employee Health Insurance Program for plan year 2022. This amendment is also necessary to comply with the statutory mandate in KRS 18A.2254 to annually update the regulation incorporating the plan year handbook.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to the content of KRS 18A.2254, the statute authorizing the self-insured plan under the Public Employee Health Insurance Program. KRS 18A.2254 mandates that the plan year handbook be incorporated by reference in an administrative regulation on or before September 15 each year. This amendment incorporates the 2022 plan year handbook by reference in accordance with KRS 18A.2254.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment conforms to the requirements of KRS 18A.2254, the statute authorizing the self-insured plan under the Public Employee Health Insurance Program. KRS 18A.2254 mandates that the plan year handbook be incorporated by reference in an administrative regulation on or before September 15 each year. This amendment incorporates the 2022 plan year handbook by reference in accordance with KRS 18A.2254.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation affects employees of state and select county and local government entities, including employees of the local school boards and districts. This administrative regulation also affects certain retirees as specified by KRS 18A.225. More specifically, and as defined by KRS 18A.225(1)(a), this administrative regulation affects approximately 177,897 employees and retirees eligible to participate in the Public Employee Health Insurance Program. In total, this administrative regulation affects 292,732 members in the self-insured plan including employees and retirees, qualifying beneficiaries, and dependents.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Affected entities will not be required to take any additional action to comply with this administrative regulation that incorporates the 2022 plan year handbook. The 2022 Benefits Selection Guide will provide information to the public employees covered under the Public Employee Health Insurance Program about the premiums, employee contributions, employer contributions, and a summary of benefits, co-pays, coinsurance, and deductibles for the 2022 plan year.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This administrative regulation provides employer and employee premium contribution information for health plans available under the Public Employee Health Insurance Program for plan year 2022. There is no direct cost impact to employers participating in the Public Employee Health Insurance Program as a result of incorporating the 2022 plan year handbook into the administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
For plan year 2022, participating employers (entities) and participating employees and retirees and their beneficiaries and dependents covered under the Public Employee Health Insurance Program will have access to comprehensive health insurance benefits under all plans offered through the self-insured program. For plan year 2022, employee contributions to health coverage premiums increased 3% across all plans combined, as compared to 2021 premiums. Employer premium contribution amounts increased 3% across all plans combined, as compared to 2021 premiums.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Costs of implementing this administrative regulation initially are believed to be minimal.
(b) On a continuing basis:
Costs of implementing this administrative regulation on a continuing basis are believed to be minimal.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The source of funding to be used for the implementation of this administrative regulation will be the Public Employee Health Insurance Trust Fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
This is an amendment. This administrative regulation will not require an increase in funding or fees.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation does not establish fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No, tiering is not applied because this administrative regulation applies equally to all participants in the Public Employee Health Insurance Program.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will affect all employees of state and select county and local government entities, including employees of the local school boards and districts that participate in the Public Employee Health Insurance Program. As employers, this administrative regulation will affect state and select county and local government entities as well as local school boards and districts. This administrative regulation also affects retirees under the age of 65 who are eligible to participate in the Program by virtue of their participation in one of the state-administered retirement systems.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 18A.225, 18A.2253, 18A.2254, 18A.2255, 18A.2259, 18A.226, 18A.227, 18A.2271, 18A.228, 18A.2286, 18A.2287; 26 U.S.C. 21, 105, 106, 125, 129, 152, and 213 (Internal Revenue Code); Prop. Treas. Reg. 1.125-1 through 7; the Patient Protection and Affordable Care Act, Pub. L. No. 111-148 (2010); and the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152. 3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, school boards or school districts) for the first full year the administrative regulation is to be in effect. (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, school boards or school districts) for the first year? The administrative regulation will not generate any revenues.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The administrative regulation will not generate any revenues.
(c) How much will it cost to administer this program for the first year?
Costs of implementing this program are believed to be similar to previous plan years.
(d) How much will it cost to administer this program for subsequent years?
The 2022 plan year handbook will be online and distributed electronically rather than in printed hard copy. This method of distribution is expected to be a savings for the Public Employee Health Insurance Program during the 2021 open enrollment season and throughout the 2022 plan year. Should the distribution of the plan year handbook continue to be made available online and distributed only by electronic means in the future, the Public Employee Health Insurance Program could continue to recognize cost savings in subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other:
Other Explanation:
PERSONNEL CABINET
Office of the Secretary
(Amendment)
101 KAR 2:210.2022 Plan Year Handbook for the Public Employee Health Insurance Program.
Section 1.
The Department of Employee Insurance shall distribute or make available to the public employees covered under the self-insured plan the 2022 Plan Year Kentucky Employees' Health Plan Benefits Selection Guide, which shall include the premiums, employee contributions, employer contributions, and a summary of benefits, copays, coinsurance, and deductibles for each plan provided to the public employees covered under the self-insured plan.Section 2.
Incorporation by Reference.(1)
"2022 Plan Year Kentucky Employees' Health Plan Benefits Selection Guide", 2022 edition, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Personnel Cabinet's Web site on the Docs, Forms and Legal Notices page at: https://personnel.ky.gov/Pages/healthinsurance.aspx.HISTORY: (33 Ky.R. 2800; 3333; eff. 6-1-2007; 34 Ky.R. 1779; 2089; eff. 4-4-2008; 35 Ky.R. 1243; eff. 2-6-2009; 36 Ky.R. 835; 1194; eff. 1-4-2010 37 Ky.R. 1000; eff. 1-3-2011; 38 Ky.R. 812; 1116; eff. 1-6-2012; 39 Ky.R. 813; 1-4-2013; 40 Ky.R. 884; eff. 1-3-2014; 41 Ky.R. 845; eff. 1-5-2015; 845; 42 Ky.R. 1278; eff. 1-4-2016; 43 Ky.R. 599; eff. 1-6-2017; 44 Ky.R. 769; eff. 1-5-2018; 45 Ky.R. 1055; eff. 1055; eff. 1-4-2019; 46 Ky.R. 1276; eff. 4-1-2020; 47 Ky.R. 751; eff. 4-6-2021; 48 Ky.R. 1233; eff. 4-5-2022.)
GERINA D. WHETHERS, Secretary
APPROVED BY AGENCY: September 3, 2021
FILED WITH LRC: September 15, 2021 at 8:23 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 22, 2021 at 10:00 a.m. at 501 High Street, 3rd Floor, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until 11:59 p.m. on November 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Chris Chamness, Staff Attorney, Office of Legal Services, Personnel Cabinet, 501 High Street, 2rd Floor, Frankfort, Kentucky 40601, phone (502) 564-6815, fax (502) 564-7603, email Chris.Chamness@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Chris Chamness
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation incorporates by reference the 2022 plan year handbook containing information about the self-insured health insurance plans offered through the Public Employee Health Insurance Program. The handbook, commonly referred to as the Benefits Selection Guide, is distributed to plan holders participating in the self-insured program. The Benefits Selection Guide contains the premiums, employee contributions, employer contributions, and a summary of benefits, co-pays, coinsurance, and deductibles for each plan available to public employees through the self-insured program in 2022.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to comply with the statutory mandate of KRS 18A.2254. More specifically, KRS 18A.2254(1)(a) requires the Personnel Cabinet to promulgate an administrative regulation that incorporates by reference the 2022 plan year handbook that will be distributed to the public employees covered by the Public Employee Health Insurance Program. The handbook must be filed with the Legislative Research Commission on or before September 15 each year.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation complies with KRS 18A.2254(1), the statute that establishes the self-insured plan and mandates the promulgation of the administrative regulation.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation aids in the effectuation of the statute, KRS 18A.2254, by incorporating by reference the 2022 plan year handbook for the Public Employee Health Insurance Program in an administrative regulation. Further, this administrative regulation is the method by which the Personnel Cabinet will comply with KRS 18A.2254.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is an amendment. The existing administrative regulation incorporates by reference the 2021 plan year handbook, which constitutes a compilation of the premium rates and contributions, benefit options, eligibility rules, and enrollment information for participants of the Public Employee Health Insurance Program for plan year 2021. The amendment adds and incorporates by reference the 2022 plan year handbook, which contains the premiums, employee contributions, employer contributions, and a summary of benefits, co-pays, coinsurance, and deductibles for each plan available to public employees for plan year 2022.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to give notice regarding the premiums, employee contributions, employer contributions, benefits, co-pays, coinsurance, and deductibles for each plan available to public employees under the Public Employee Health Insurance Program for plan year 2022. This amendment is also necessary to comply with the statutory mandate in KRS 18A.2254 to annually update the regulation incorporating the plan year handbook.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to the content of KRS 18A.2254, the statute authorizing the self-insured plan under the Public Employee Health Insurance Program. KRS 18A.2254 mandates that the plan year handbook be incorporated by reference in an administrative regulation on or before September 15 each year. This amendment incorporates the 2022 plan year handbook by reference in accordance with KRS 18A.2254.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment conforms to the requirements of KRS 18A.2254, the statute authorizing the self-insured plan under the Public Employee Health Insurance Program. KRS 18A.2254 mandates that the plan year handbook be incorporated by reference in an administrative regulation on or before September 15 each year. This amendment incorporates the 2022 plan year handbook by reference in accordance with KRS 18A.2254.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation affects employees of state and select county and local government entities, including employees of the local school boards and districts. This administrative regulation also affects certain retirees as specified by KRS 18A.225. More specifically, and as defined by KRS 18A.225(1)(a), this administrative regulation affects approximately 177,897 employees and retirees eligible to participate in the Public Employee Health Insurance Program. In total, this administrative regulation affects 292,732 members in the self-insured plan including employees and retirees, qualifying beneficiaries, and dependents.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Affected entities will not be required to take any additional action to comply with this administrative regulation that incorporates the 2022 plan year handbook. The 2022 Benefits Selection Guide will provide information to the public employees covered under the Public Employee Health Insurance Program about the premiums, employee contributions, employer contributions, and a summary of benefits, co-pays, coinsurance, and deductibles for the 2022 plan year.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This administrative regulation provides employer and employee premium contribution information for health plans available under the Public Employee Health Insurance Program for plan year 2022. There is no direct cost impact to employers participating in the Public Employee Health Insurance Program as a result of incorporating the 2022 plan year handbook into the administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
For plan year 2022, participating employers (entities) and participating employees and retirees and their beneficiaries and dependents covered under the Public Employee Health Insurance Program will have access to comprehensive health insurance benefits under all plans offered through the self-insured program. For plan year 2022, employee contributions to health coverage premiums increased 3% across all plans combined, as compared to 2021 premiums. Employer premium contribution amounts increased 3% across all plans combined, as compared to 2021 premiums.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Costs of implementing this administrative regulation initially are believed to be minimal.
(b) On a continuing basis:
Costs of implementing this administrative regulation on a continuing basis are believed to be minimal.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The source of funding to be used for the implementation of this administrative regulation will be the Public Employee Health Insurance Trust Fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
This is an amendment. This administrative regulation will not require an increase in funding or fees.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation does not establish fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No, tiering is not applied because this administrative regulation applies equally to all participants in the Public Employee Health Insurance Program.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will affect all employees of state and select county and local government entities, including employees of the local school boards and districts that participate in the Public Employee Health Insurance Program. As employers, this administrative regulation will affect state and select county and local government entities as well as local school boards and districts. This administrative regulation also affects retirees under the age of 65 who are eligible to participate in the Program by virtue of their participation in one of the state-administered retirement systems.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 18A.225, 18A.2253, 18A.2254, 18A.2255, 18A.2259, 18A.226, 18A.227, 18A.2271, 18A.228, 18A.2286, 18A.2287; 26 U.S.C. 21, 105, 106, 125, 129, 152, and 213 (Internal Revenue Code); Prop. Treas. Reg. 1.125-1 through 7; the Patient Protection and Affordable Care Act, Pub. L. No. 111-148 (2010); and the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152. 3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, school boards or school districts) for the first full year the administrative regulation is to be in effect. (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, school boards or school districts) for the first year? The administrative regulation will not generate any revenues.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The administrative regulation will not generate any revenues.
(c) How much will it cost to administer this program for the first year?
Costs of implementing this program are believed to be similar to previous plan years.
(d) How much will it cost to administer this program for subsequent years?
The 2022 plan year handbook will be online and distributed electronically rather than in printed hard copy. This method of distribution is expected to be a savings for the Public Employee Health Insurance Program during the 2021 open enrollment season and throughout the 2022 plan year. Should the distribution of the plan year handbook continue to be made available online and distributed only by electronic means in the future, the Public Employee Health Insurance Program could continue to recognize cost savings in subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other:
Other Explanation: