SB 261 (BR 1559) - S. Humphries

     AN ACT relating to emergency air ambulance coverage and declaring an emergency.
     Amend KRS 304.17A-005 to define "balance bill" and "insured"; create a new section of Subtitle 17A of KRS Chapter 304 to define "registered air ambulance service provider" and to require a health benefit plan to hold harmless an insured for any amount owed to a registered air ambulance provider; prohibit a health benefit plan from using an allowed amount for air ambulance services under certain conditions to determine when an air ambulance transport is medically necessary; require assumption of charges by the insurer under certain conditions; require notification to the air ambulance service of assumption by the insurer; prohibit the air ambulance provider from certain actions following receipt of notification; establish payment requirements for the insurer; establish the Independent Dispute Resolution Program for air ambulance service charges within the Department of Insurance; require reporting by registered air ambulance service providers and the department; require registration in the program; require an independent reviewer for the program; establish procedures for the Independent Dispute Resolution Program; amend KRS 304.17A-096, 304.17A-430, 304.17B-001, 304.17B-015, 304.17B-033, 304.17C-010, 304.18-114, 304.38A-010, and 304.39-241 to conform; create a new section of Subtitle 13 of KRS Chapter 304 to prohibit an insurer from using debt owed by a consumer to an air ambulance provider in determining insurance rates; create a new section of KRS Chapter 367 to prohibit any individual or business from considering any debt owed by a consumer to an air ambulance provider in determining whether to issue credit or determine rates of interest; create a new section of KRS Chapter 311A to prohibit an air ambulance provider from reporting any debt owed to it by a consumer to a consumer reporting agency; amend KRS 427.010 to set exemptions from enforcement of a judgment for debt owed by an individual to an air ambulance provider; amend KRS 426.720 to prohibit the attachment of a judgment arising out of a debt to an air ambulance provider as a lien against real property. Sections 1 to 11 EFFECTIVE January 1, 2019; EMERGENCY; apply provisions of Sections 12 through 16 to prospective actions on debt owed on or after January 1, 2010.