Ky. Rev. Stat. » Chapter 304
Kentucky Revised Statutes

Ky. Rev. Stat. § 304.39-241 (2026)

Insured's direction of payment of benefits among elements of loss --

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Direction of payment to reimburse for medical expenses already paid. An insured may direct the payment of benefits among the different elements of loss, if the direction is provided in writing to the reparation obligor. A reparation obligor shall honor the written direction of benefits provided by an insured on a prospective basis. The insured may also explicitly direct the payment of benefits for related medical expenses already paid arising from a covered loss to reimburse:

(1) A health benefit plan as defined by KRS 304.17A-005(22);

(2) A limited health service benefit plan as defined by KRS 304.17C-010;

(3) Medicaid;

(4) Medicare; or

(5) A Medicare supplement provider. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 41, sec. 1, effective July 12, 2012. -- Created 1998 Ky. Acts ch. 200, sec. 3, effective July 15, 1998.

Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 2008–2025 · leading case: Neurodiagnostics, Inc. v. Kentucky Farm Bureau Mut. Ins. Co., 250 S.W.3d 321 (Ky. 2008).
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Neurodiagnostics, Inc. v. Kentucky Farm Bureau Mut. Ins. Co., 250 S.W.3d 321 (Ky. 2008). · cites it 17× “KRS 304.39-241 provides that “[a]n insured may direct the payment of benefits among the different elements of loss, 2 if the direction is provided in writing to the reparation obligor.”
Medlin v. Progressive Direct Ins. Co., 419 S.W.3d 60 (Ky. Ct. App. 2013). · cites it 3× “39-210(1) and KRS 304.39-241 in support of his argument.”
Hughes & Coleman, Pllc v. Ann Clark Chambers of the Est. of James W. Chambers, 526 S.W.3d 70 (Ky. 2017). · cites it 2× “KRS 304.39-241, that it reserve all no-fault benefits to “pay bills or lost wages only as directed by Hughes & Coleman.”
State Farm Mut. Auto. Ins. v. Davis, 80 A.3d 628 (Del. 2013). “Ky.Rev.Stat. § 304.39-241. . Id. . See Wemyss v.”
William C. Eriksen, P.S.C. v. Kentucky Farm Bureau Mut. Ins. Co., 336 S.W.3d 909 (Ky. Ct. App. 2010). · cites it 2× “Moreover, the Court relied on the fact that the medical provider in the Neurodiagnostics case was an "incidental beneficiary," stating that "[r]eading KRS 304.39-241 in light of the MVRA as a whole, we conclude that a medical provider .”
Erie Ins. Exch. v. Megan Johnson (Ky. 2025). · cites it 17× “” KRS 304.39-241 empowers covered persons to “direct the payment of benefits among the different elements of loss[.”
Erie Ins. Exch. v. Megan Johnson (Ky. Ct. App. 2023). · cites it 10× “KRS 304.39-241 further states: An insured may direct the payment of benefits among the different elements of loss, if the direction is provided in writing to the reparation obligor.”
Chenault v. The Univ. of Kentucky (UK) (E.D. Ky. 2019). · cites it 4× “12 Ky. Rev. Stat. Ann. § 304.39-241 , which provides that “[a]n insured may direct the payment of benefits among the different elements of loss, if the direction is provided in writing to the reparation obligor.”
T & J Land Co., LLC v. Dakota Miller (Ky. 2024). · cites it 4× “Miller’s check from Alfa was a payment made to pursuant to KRS 304.39-241, which allows that “[a]n insured may direct the payment of benefits among the different elements of loss, if the direction is provided in writing to the reparation obligor.”
State Farm Mut. Auto. Ins. v. Conway, 993 F. Supp. 2d 670 (W.D. Ky. 2014). · cites it 6× “In Neurodiagnostics, the court held that the repeal of Ky.Rev.Stat. § 304.39-240 and the concurrent enactment of Ky.”
Erie Ins. Exch. v. Megan Johnson (Ky. Ct. App. 2021). · cites it 3× “KRS 304.39-241 states: An insured may direct the payment of benefits among the different elements of loss, if the direction is provided in writing to the reparation obligor.”
Hughes & Coleman, Pllc v. Ann Clark Chambers of the Est. of James W. Chambers (Ky. 2017). · cites it 2× “Two days after Underwood retained its services, Hughes 85 Coleman mailed Progressive a letter advising the insurer of Underwood’s PIP claim and requesting, under KRS 304.39-241, that it reserve all no-fault benefits to “pay bills or lost Wages only as directed by Hughes 85…”
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