Assigned Claims Plan

Kentucky Assigned Claims Plan

Purpose

A person entitled to Basic Reparations Benefits because of Injury may obtain them through the Kentucky Assigned Claims Plan subject to the provisions of KRS 304.39-160.

Application and Processing

Effective Monday, March 1, 2021, the Kentucky no-fault application must be completed online. Please visit our website to complete and submit applications and related documents. Paper applications sent after March 1, 2021 may be returned to sender to resubmit online.

Servicing Carriers may submit updates and related documents to claims assigned on or after March 1, 2021 in the new system via our website. Updates and documents on claims assigned prior to March 1, 2021 must be submitted via email.

Contact Information

Kentucky Assigned Claims Plan
P.O. Box 436509
Louisville, KY 40243

Phone: (502) 327-7105
Email: kyauto@fairplanalliance.com

Contacts

  • Rebecca Darst, CPCU
  • Carrie Manor

Frequently Asked Questions
- Is The KACP Primary Over Medicare And/Or Medicaid?

YES. KACP’s position is that PIP provided through Kentucky Assigned Claims Plan is primary over Medicare and Medicaid, thus Medicare and Medicaid liens presented to servicing carriers can be considered from available KACP PIP funds of the Servicing Carrier.

Kentucky Motor Vehicle Reparations Act and Kentucky Revised Statute is pre-empted by Federal Law. The Kentucky Assigned Claims Plan is considered a third party who can be subrogated by Medicare/Medicaid. Federal Law states Medicare/Medicaid is the payor of last resort.

42 USC 1396k and 42 USC 1396a(a)(45) “Federal Medicaid law requires: ‘that the State or local agency administering such plan will take all reasonable measures to ascertain the legal liabilities of third parties (including health insurers, group health plans)(as defined in 607(1) of the Employee Retirement Income Security Act of 1974 [29USC 1167(1)]) Service Benefit Plan, and Health Insurance Maintenance Organization) to pay for care and services available under the plan.’”

42 USC 1396(a)(25)(A) “State plans are required to identify such other sources and, ‘where such legal liability is found to exist after medical assistance has been made available[,]…the State or local agency will seek reimbursement for such assistance to the extent of such legal liability.’” 42 USC 1396a(a)(25)(A-C).

KRS 205.510 (16) defines “third party,” as, “An individual, institution, corporation, company, insurance company, personal representative, administrator, executor, trustee, or public or private agency, including, but not limited to, a reparation obligor and the assigned claims bureau under the Motor Vehicle Reparations Act, Subtitle 39 of KRS Chapter 304, who is or may be liable to pay all or part of the medical cost of injury, disease, or disability of an applicant or recipient of medical assistance provided under Title XIX of the Social Security Act, 42 U.S.C. sec. 1396 et seq.;” KRS 205.520 (5). “The Kentucky Medical Assistance Program shall be the payor of last resort and its right to recover under KRS 205.622 to 205.630 shall be superior to any right of reimbursement, subrogation, or indemnity of any liable third party.”

+ What Kentucky Statute Includes Authority For The Kentucky Assigned Claims Plan?
+ Who Are Members Of The Plan?
+ Who Are Servicing Insurers And What Role Do They Play?
+ What Persons Are Entitled To Benefits Under The Plan?
+ What Persons Are Not Entitled To Benefits Under The Plan?
+ What Information Is Needed To File A Claim?
+ How Are Benefits Determined?
+ Are Benefits Otherwise Available Under Assigned Claims Affected By The Payment Of Health Insurance, Workers Compensation Or Other Benefits?
+ How Do I Allow Pop-Ups In My Browser?
+ How Do I Complete An Application For Benefits?