AN ACT relating to liability of health insurers.
     Create new sections of Subtitle 17A of KRS Chapter 304 to require an insurer that offers a managed care plan to exercise ordinary care in making health care treatment decisions; provide that an insurer that offers a managed care plan is liable for damages for harm to an insured or enrollee proximately caused by the insurer's failure to exercise ordinary care; prohibit as a defense that the insurer or employee did not control or influence or participate in the decision; prohibit use of hold harmless clauses in contracts; prohibit insurer from asserting as a defense any law that prohibits an insurer from practicing medicine; provide that no liability of an employer is created; require an insured to exhaust appeals and review under any applicable utilization review requirements.

     (Prefiled by the sponsor(s))

     Jan 4-introduced in House; to Banking and Insurance (H)
     Feb 25-posted in committee