26RS SB 212

Senate Bill 212

Actions

Last Action	02/19/26: to Committee on Committees (S)
Title	AN ACT relating to mental health coverage and declaring an emergency.
Bill Documents	Introduced
Fiscal Impact Statements	Actuarial Analysis Health Mandate Local Mandate State Employee Health Plan Impact
Bill Request Number	1937
Sponsor	B. Smith
Summary of Original Version	Amend KRS 304.17A-660 to define "health professional"; amend KRS 304.17A-661 to require that annual mental health parity reports be submitted to the Legislative Research Commission on or before June 1 of each year for referral to certain committees and be published by the insurance commissioner on the Department of Insurance's website; require insurers to have an independent audit conducted to evaluate mental health parity compliance upon request of the commissioner or Attorney General; require the commissioner to establish and operate a hotline that allows health professionals and insureds to submit complaints regarding mental health parity compliance; prohibit insurers from retaliating against a health professional for submitting a complaint; authorize the Attorney General to enforce the mental health parity law; establish duties, remedies, and penalties for enforcement by the Attorney General; authorize a private cause of action by any person directly injured by a violation or likely violation of the mental health parity law; establish duties, remedies, and penalties for a private right of action under the mental health parity law; establish construction clauses; authorize the Attorney General to promulgate administrative regulations for proper enforcement of mental health parity law; create a new section of KRS 304.17A-660 to 304.17A-669 to establish requirements for review criteria used by insurers to determine the medical necessity and appropriateness of a claim submitted for the diagnosis or treatment of a mental health condition; require that the review criteria be publicly available on the insurer's website; require insurers to comply with KRS 304.17A-600 to 304.17A-633 with respect to claims submitted by health professionals for the diagnosis of treatment of mental health conditions except as provided in the section; amend KRS 304.17A-617 and 304.17A-623 to conform; amend KRS 205.522 to require the Department for Medicaid Services, Medicaid managed care organizations, and the state' medical assistance program to comply with mental health parity law; require the Department for Medicaid Services or the Cabinet for Health and Family Services to obtain federal approval, if necessary, and comply with notice requirements; provide authorization from the General Assembly to make changes as required under KRS 205.5372(1); EFFECTIVE, in part, January 1, 2027; EMERGENCY.
Index Headings of Original Version	Actuarial Analysis - Mental health parity, requirements Health Benefit Plan Mandate - Mental health parity, requirements Local Mandate - Mental health parity, requirements State Employee Health Plan Mandate - Mental health parity, requirements Administrative Regulations And Proceedings - Attorney General, mental health parity, enforcement Attorney General - Mental health parity, enforcement Civil Actions - Mental health parity, private cause of action Effective Dates, Emergency - Mental health parity, requirements Federal Laws And Regulations - Medicaid services, mental health parity compliance, federal approval Insurance, Health - Mental health condition claims, utilization review, requirements Insurance, Health - Mental health parity compliance, private cause of action Insurance, Health - Mental health parity, annual reports, insurers Medicaid - Mental health parity, annual reports Medicaid - Mental health parity, requirements Mental Health - Insurance claims, utilization review, requirements Mental Health - Mental health parity, requirements Reports Mandated - Mental health parity, insurance and Medicaid, annual reports State Agencies - Cabinet for Health and Family Services, federal approval, notice requirements State Agencies - Department for Medicaid Services, federal approval, notice requirements State Agencies - Department for Medicaid Services, mental health parity, annual reports State Agencies - Department of Insurance, mental health parity, annual reports Effective Dates, Delayed - Mental health parity, requirements, January 1, 2027