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This page lists some of the action toward parity compliance undertaken by state regulatory agencies since 2008.

Are we missing any actions taken by state regulatory agencies? Let us know at info@paritytrack.org

Action in the Regulatory Arena

02/2016

Primary Focus Medicaid; SUD
Agency The Cabinet for Health and Family Services / Department for Medicaid Services
Title/Description Outpatient hospital service coverage provisions and requirements.
Citation 907 Ky. Admin. Regs. 10:014 (5).
Summary Enumerates behavioral health and substance abuse disorder services that are covered under Medicaid.
Effective Date Original effective date 10/14/1990; last amendment 2/9/2016
Notes Recodified from 904 KAR 1:014, 5-6-1986; Am. 17 Ky.R. 557; eff. 10-14-1990; 33 Ky.R. 578; 1550; eff. 1-5-2007; 37 Ky.R. 984; eff. 11-05-2010; Recodified from 907 KAR 1:014, eff. 5-3-2011; TAm eff. 7-16-2013; 40 Ky.R. 2009; 2554; 2771; eff. 7-7-2014; 41 Ky.R. 2428; 42 Ky.R. 406; 741; eff. 10-2-2015; TAm eff. 2-9-2016.

07/2015

Primary Focus Medicaid; SUD
Agency The Cabinet for Health and Family Services/ Department for Medicaid Services
Title/Description Coverage provisions and requirements regarding community mental health center behavioral health services.
Citation 907 Ky Admin. Regs. 1:044
Summary Enumerates behavioral health and substance abuse disorder services that are covered under Medicaid for community mental health centers.
Effective Date Original effective date 8/5/1989; last amendment 7/6/2015
Notes Recodified from 904 KAR 1:044, 5-2-1986; 15 Ky.R. 2461; eff. 8-5-1989; 18 Ky.R. 915; eff. 10-16-1991; 20 Ky.R. 663; eff. 10-21-1993; 32 Ky.R. 1801; 2039; 2276; eff. 7-7-2006; 34 Ky.R. 1825; 2313; 2404; eff. 6-6-2008; 40 Ky.R. 1955; 2487; 2718; eff. 7-7-2014; 41 Ky.R. 1910; 2261; 2553; eff. 7-6-2015.

07/2014

Primary Focus Medicaid; SUD
Agency The Cabinet for Health and Family Services / Department for Medicaid Services
Title/Description Coverage provisions and requirements regarding rural health clinic services
Citation 907 Ky. Admin. Regs. 1:082 (3)
Summary Enumerates behavioral health and substance abuse disorder services that are covered under Medicaid for rural health clinics
Effective Date Original effective date 12/13/1988
Notes Recodified from 904 KAR 1:082, 5-2-1986; Am. 15 Ky.R. 1329; eff. 12-13-1988; 34 Ky.R. 1831; 2116; eff. 4-4-2008; 1977; 2510; 2736; eff. 7-7-2014.

05/2012

The Kentucky Department of Insurance issued an emphatic bulletin that notified plans that they must cover autism services provided by “supervisees” of Board Certified Behavior Analysts. Insurance plans previously had not been covering services provided by supervisees. The plans’ justification was that the section of the state insurance law about autism coverage states “No reimbursement is required under this section … for services provided by persons who are not licensed as required by law.” Plans’ interpretation of this language was that this means that they do not have to cover services by anyone who is not a licensed professional.

The Department strongly disagreed, stating “To assign this meaning to that subsection is contrary to its plain language and frustrates the statutory purpose…” The Department explained that the subsection in question was designed to prevent reimbursement for professionals who are supposed to have a license but do not; not the prevent reimbursement for professionals who are not required to have a license, such as supervisees.

04/2011

The Kentucky Department of Insurance updated its regulation regarding the sections of the state insurance law about autism coverage. This regulation reaffirms several provisions in the state law about certain definitions, financial requirements, and outpatient visit limits. It also specifies that when plans perform utilization review for autism services, they must comply with the sections of the state insurance law about utilization review.

06/2010

The Kentucky Department of Insurance released this two-page document that explains the sections of the state law that requires insurance plans to cover autism services (these sections of the law are summarized at the bottom of this page under “Kentucky Parity Law”).

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Common Violations

In seeking care or services, be aware of the common ways parity rights can be violated.