02RS HB5


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HB 5 (BR 187) - J. Draud

     AN ACT relating to liability of health insurers.
     Create new sections of Subtitle 17A of KRS Chapter 304 to provide that an insurer that offers a managed care plan must exercise ordinary care when making health care treatment decisions and is liable for damages caused by failure to exercise ordinary care; provide for grounds for defense against action for failure to exercise ordinary care; provide that a hold harmless clause is void; clarify that this Act does not create liability on the part of an employer unless the employer is the managed care insurer; require exhaustion of utilization review requirements prior to maintaining a cause of action, except as specifically allowed in the Act.

     (Prefiled by the sponsor(s))

     Jan 8-introduced in House; to Banking and Insurance (H)
     Jan 10-posted in committee
     Jan 31-posting withdrawn

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