reglab/housing_qa huggingface dataset:
KS Stat § 40-3830 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 38 - Regulation And Registration Of Administrators|40-3830 Same; MAC list requirements; frequency of updates; appeals process.

40-3830. Same; MAC list requirements; frequency of updates; appeals process. A pharmacy benefits manager:(a) Shall not place a drug on a MAC list unless there are at least two therapeutically equivalent multi-source generic drugs, or at least one generic drug available from at least one manufacturer, generally available for purchase by network pharmacies from national or regional wholesalers and the drug is not obsolete.(b) Shall provide to each network pharmacy at the beginning of the term of a contract and upon request thereafter, the sources utilized to determine the maximum allowable cost price.(c) Shall provide a process for each network pharmacy provider to readily access the maximum allowable price specific to that provider.(d) Shall review and update each applicable maximum allowable cost list every seven business days and apply the updates to reimbursements no later than one business day.(e) Shall ensure that dispensing fees are not included in the calculation of maximum allowable cost.(f) Shall establish a process by which a network pharmacy may appeal reimbursement for a drug subject to maximum allowable cost as follows:(1) The network pharmacy must file an appeal no later than 10 business days after the fill date.(2) The PBM shall provide a response to the appealing network pharmacy no later than 10 business days after receiving an appeal request containing information sufficient for the PBM to process the appeal as specified by the contract.(3) If the appeal is upheld, the PBM:(A) Shall make the adjustment in the drug price effective no later than one business day after the appeal is resolved;(B) shall make the adjustment applicable to all similarly situated network pharmacy providers, as determined by the plan sponsor or pharmacy benefits manager, as appropriate; and(C) permit the appealing pharmacy to reverse and rebill the appealed claim.(4) If the appeal is denied, the PBM shall provide the appealing pharmacy the national drug code number from a national or regional wholesaler operating in Kansas where the drug is generally available for purchase at a price equal to or less than the maximum allowable cost, and when applicable, may be substituted lawfully.History: L. 2016, ch. 13, § 2; July 1.
KS Stat § 40-3831 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 38 - Regulation And Registration Of Administrators|40-3831 Kansas pharmacy patients fair practices act; definitions; limitations on co-payments; no gag order; applicability.

40-3831. Kansas pharmacy patients fair practices act; definitions; limitations on co-payments; no gag order; applicability. (a) This section shall be known and may be cited as the Kansas pharmacy patients fair practices act.(b) As used in this section:(1) "Covered person" means the same as defined in K.S.A. 40-3822, and amendments thereto.(2) "Health carrier" means the same as defined in K.S.A. 40-2,195, and amendments thereto.(3) "Pharmacy benefits manager" means the same as defined in K.S.A. 40-3822, and amendments thereto.(c) (1) Co-payments applied by a health carrier for a prescription drug may not exceed the total submitted charges by the network pharmacy.(2) A pharmacy or pharmacist shall have the right to provide a covered person with information regarding the amount of the covered person's cost share for a prescription drug. Neither a pharmacy nor a pharmacist shall be proscribed by a pharmacy benefits manager from discussing any such information or for selling a more affordable alternative to the covered person if such an alternative is available.(d) (1) This section applies to any contract between a pharmacy benefits manager and a pharmacy, a pharmacy services administration organization or a group purchasing organization that is entered into or renewed on and after January 1, 2019.(2) The provisions of this section shall not apply to any policy or certificate that provides coverage for any specified disease, specified accident or accident only coverage, credit, dental, disability income, hospital indemnity, long-term care insurance as defined by K.S.A. 40-2227, and amendments thereto, vision care or any other limited supplemental benefit nor to any medicare supplement policy of insurance as defined by the commissioner of insurance by rule and regulation, any coverage issued as a supplement to liability insurance, workers compensation or similar insurance, automobile medical-payment insurance or any insurance under which benefits are payable with or without regard to fault, whether written on a group, blanket or individual basis.History: L. 2018, ch. 23, § 1; July 1.
KS Stat § 40-3901 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 39 - Cities And Counties, Payment Of Proceeds Of Fire Insurance Policies|40-3901 Cities; payment of proceeds of insurance policies; procedure; release of proceeds.

40-3901. Cities; payment of proceeds of insurance policies; procedure; release of proceeds. (a) The governing body of any city is hereby authorized to establish, by ordinance, a procedure for the payment of not to exceed 15% of the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure. The ordinance shall apply only to a covered claim payment which is in excess of 75% of the face value of the policy covering a building or other insured structure.(b) The insurer first shall pay all amounts due the holder of a first real estate mortgage against the building or other structure pursuant to the terms of the policy and endorsements thereto and then shall withhold from the covered claim payment a sum not to exceed the amount authorized pursuant to subsection (a) and shall pay such moneys to the city to deposit into an interest-bearing account, unless the city has issued a certificate pursuant to K.S.A. 40-3906, and amendments thereto.(c) The city shall release the insured's proceeds and any interest which has accrued on such proceeds received under subsection (b) within 45 days after receipt of such moneys, unless the city has instituted legal proceedings under the provisions of K.S.A. 12-1752, and amendments thereto. If the city has proceeded under the provisions of K.S.A. 12-1752, and amendments thereto, all moneys in excess of that necessary to comply with the provisions of K.S.A. 12-1750 et seq., and amendments thereto, for the removal of the building or structure, less salvage value, shall be paid to the insured.History: L. 1982, ch. 192, § 2; L. 1997, ch. 102, § 2; L. 2016, ch. 72, § 2; July 1.
KS Stat § 40-3902 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 39 - Cities And Counties, Payment Of Proceeds Of Fire Insurance Policies|40-3902 Same; creating tax lien in proceeds of insurance policies.

40-3902. Same; creating tax lien in proceeds of insurance policies. The governing body of any city is hereby authorized to create, by ordinance, a lien in favor of any such city in the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure. The lien arises upon any unpaid tax, special ad valorem levy, special assessment or other charge imposed upon real property by or on behalf of the city which is an encumbrance on real property, whether or not evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one year prior to the filing of a proof of loss.History: L. 1982, ch. 192, § 3; L. 1998, ch. 84, § 1; L. 2016, ch. 72, § 3; July 1.
KS Stat § 40-3903 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 39 - Cities And Counties, Payment Of Proceeds Of Fire Insurance Policies|40-3903 Counties; payment of proceeds of insurance policies; procedure; release of proceeds.

40-3903. Counties; payment of proceeds of insurance policies; procedure; release of proceeds. (a) The governing body of any county is hereby authorized to establish, by resolution, a procedure for the payment of not to exceed 15% of the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure. The resolution shall not apply to cities which have adopted an ordinance under the provisions of K.S.A. 40-3901, and amendments thereto. The resolution shall apply only to a covered claim payment which is in excess of 75% of the face value of the policy covering a building or other insured structure.(b) The insurer first shall pay all amounts due the holder of a first real estate mortgage against the building or other structure pursuant to the terms of the policy and endorsements thereto and then shall withhold from the covered claim payment of the sum not to exceed the amount authorized pursuant to subsection (a) and shall pay such moneys to the county to deposit into an interest-bearing account, unless the city has issued a certificate pursuant to K.S.A. 40-3906, and amendments thereto.(c) The county shall release the insured's proceeds and any interest which has accrued on such proceeds received under subsection (b) within 45 days after receipt of such moneys, unless the county has instituted legal proceedings, using the procedure under K.S.A. 12-1752, and amendments thereto, insofar as the same can be made applicable. If the county has instituted legal proceedings, all moneys in excess of that necessary for the removal of the building or structure, less salvage value, shall be paid to the insured.History: L. 1982, ch. 192, § 4; L. 1997, ch. 102, § 3; L. 2016, ch. 72, § 4; July 1.
KS Stat § 40-3904 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 39 - Cities And Counties, Payment Of Proceeds Of Fire Insurance Policies|40-3904 Same; creating tax lien in proceeds of insurance policies.

40-3904. Same; creating tax lien in proceeds of insurance policies. The governing body of any county is hereby authorized to create, by resolution, a lien in favor of any such county in the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure. The lien arises upon any unpaid tax, special ad valorem levy, special assessment or other charge imposed upon real property by or on behalf of the county which is an encumbrance on real property, whether or not evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one year prior to the filing of a proof of loss. This resolution shall not apply to cities which have adopted an ordinance under the provisions of K.S.A. 40-3902, and amendments thereto.History: L. 1982, ch. 192, § 5; L. 1998, ch. 84, § 2; L. 2016, ch. 72, § 5; July 1.
KS Stat § 40-3905 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 39 - Cities And Counties, Payment Of Proceeds Of Fire Insurance Policies|40-3905 Cities and counties; notice to commissioner and insurance companies.

40-3905. Cities and counties; notice to commissioner and insurance companies. Every city or county which adopts an ordinance or resolution under the provisions of K.S.A. 40-3901 through 40-3904, and amendments thereto, shall notify the commissioner of insurance. At least once each quarter of each calendar year, the commissioner shall prepare and distribute a list of all cities and counties adopting an ordinance or resolution under the provisions of this act during the preceding quarter to all insurance companies which issue policies insuring buildings and other structures against loss. Insurance companies shall have 60 days after the commissioner notifies them of the adoption of such ordinance or resolution to establish procedures within such cities or counties to carry out the provisions of this act.History: L. 1982, ch. 192, § 6; L. 1998, ch. 84, § 3; L. 2016, ch. 72, § 6; July 1.
KS Stat § 40-3906 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 39 - Cities And Counties, Payment Of Proceeds Of Fire Insurance Policies|40-3906 Same; proof of repairing or rebuilding.

40-3906. Same; proof of repairing or rebuilding. Any city or county which has adopted an ordinance or resolution under K.S.A. 40-3901 to 40-3904, inclusive, is authorized to certify that in lieu of payment of all or part of the covered claim payment, it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the city or county shall issue a certificate to permit covered claim payment to the insured without deduction pursuant to subsection (b) of K.S.A. 40-3901 and subsection (b) of K.S.A. 40-3903.History: L. 1982, ch. 192, § 7; July 1.
KS Stat § 40-3907 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 39 - Cities And Counties, Payment Of Proceeds Of Fire Insurance Policies|40-3907 Application to all covered claims.

40-3907. Application to all covered claims. This act shall apply to all covered claims arising from damage to all buildings or structures.History: L. 1982, ch. 192, § 8; L. 2016, ch. 72, § 7; July 1.
KS Stat § 40-3908 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 39 - Cities And Counties, Payment Of Proceeds Of Fire Insurance Policies|40-3908 Cities and counties not parties to insurance contract.

40-3908. Cities and counties not parties to insurance contract. This act does not make any city or county a party to any insurance contract nor is the insurer liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.History: L. 1982, ch. 192, § 9; July 1.
KS Stat § 40-3909 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 39 - Cities And Counties, Payment Of Proceeds Of Fire Insurance Policies|40-3909 Insurers immune.

40-3909. Insurers immune. Insurers complying with this act, or attempting in good faith to comply with this act, shall be immune from civil and criminal liability and such actions shall not be deemed in violation of K.S.A. 40-2404 and any amendments thereto, including withholding payment of any insurance proceeds pursuant to this act, or releasing or disclosing any information pursuant to this act.History: L. 1982, ch. 192, § 10; July 1.
KS Stat § 40-3910 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 39 - Cities And Counties, Payment Of Proceeds Of Fire Insurance Policies|40-3910 Commissioner; rules and regulations.

40-3910. Commissioner; rules and regulations. The commissioner of insurance is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this act.History: L. 1982, ch. 192, § 11; July 1.
KS Stat § 40-4001 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4001 Conversion authority; review by commissioner; act to be liberally construed.

40-4001. Conversion authority; review by commissioner; act to be liberally construed. A domestic mutual insurer issuing nonassessable policies may be converted into a domestic stock insurer. To that end, it may provide and carry out a plan for such conversion by complying with the requirements of this act. Because it is not possible to anticipate all of the circumstances and considerations which may arise incident to a conversion from a mutual insurer to a stock insurer, the commissioner has broad authority in reviewing such conversion, and the procedures and criteria to be applied by the commissioner are flexible within the parameters of this act. This act shall be liberally construed to effect the legislative intent set forth in this section and shall not be interpreted to limit the powers granted to the commissioner by other provisions of law.History: L. 1985, ch. 154, § 1; L. 1997, ch. 107, § 1; July 1.
KS Stat § 40-4003b (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4003b Same; establishment of closed block for policyholder dividends.

40-4003b. Same; establishment of closed block for policyholder dividends. The commissioner may require that the conversion plan of a mutual life insurer provide for the establishment, for policyholder dividend purposes only, of a closed block. In the event that the commissioner requires such a closed block, the closed block will consist of all of the participating individual policies of life insurance of the mutual life insurer in force on the effective date of the plan of conversion for which the insurer has an experience-based dividend scale payable in the year in which the plan is adopted. Assets of the insurer shall be allocated to any such closed block in an amount that produces cash flows, together with anticipated revenues from the closed block business, expected to be reasonably sufficient: (1) To support the closed block business, including payment of claims and those expenses and taxes specified in the plan, and (2) to provide for continuation of dividend scales in effect on the adoption date if the experience underlying the scales continues and for appropriate adjustments in the scales if the experience changes. The plan may provide for conditions under which the converted insurer may cease to maintain the closed block and its allocated assets. Regardless of such a cessation, the obligation under the policies constituting the closed block business remain the obligations of the converted insurer. Dividends on those policies shall be apportioned by the board of directors of the converted insurer in accordance with the terms of the policies.History: L. 1997, ch. 107, § 4; July 1.
KS Stat § 40-4003c (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4003c Continuation in force of policies; extinguishment of policyholder rights.

40-4003c. Continuation in force of policies; extinguishment of policyholder rights. (a) All policies in force on the effective date of conversion remain in force under the terms of the policies, except that the following rights, to the extent they existed in the mutual company, shall be extinguished on the effective date of the conversion:(1) Any voting rights of the policyholders in the mutual insurance company that were provided under the policies;(2) any assessment provisions provided for under the policies; and(3) any right to share in the surplus of the mutual company provided for under the policies, except that:(A) Holders of participating policies in effect on the date of conversion continue to have a right to receive dividends as provided in the participating policies, if any, unless the holders of such participating policies receive a nonparticipating policy as a substitute for the participating policy pursuant to subparagraph (B); and(B) upon the renewal date of a participating policy, the converted stock company may issue the insured a nonparticipating policy as a substitute for the participating policy, except that no such substitutions may be issued for the mutual company's life policies, guaranteed renewable accident and health policies and guaranteed renewable, noncancelable accident and health policies.(b) Unless otherwise ordered by the commissioner of insurance and notwithstanding any provisions of law to the contrary, policyholders are not required to be given preemptive rights, and, except as provided in the plan of conversion and in subsection (a), policyholders shall have no other rights resulting from membership in a mutual insurance company with respect to the insurer.History: L. 1997, ch. 107, § 5; July 1.
KS Stat § 40-4004 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4004 Consideration and approval or disapproval of plan by commissioner; hearings.

40-4004. Consideration and approval or disapproval of plan by commissioner; hearings. (a) The commissioner shall examine the plan submitted pursuant to subsection (b) or (c) of K.S.A. 40-4002, and amendments thereto. As a part of such examination, the commissioner shall order a hearing on the plan to be conducted in accordance with the provisions of the Kansas administrative procedure act and shall give not less than 20 days' written notice of the date of hearing to the insurer and give not less than 20 days' written notice to policyholders by publication or otherwise. The commissioner shall approve the plan if the commissioner finds that:(1) The plan of conversion is fair and equitable to policyholders;(2) the plan of conversion complies with the provisions of this act;(3) the plan of conversion does not unjustly enrich any director, officer, agent or employee of the insurer; and(4) the new stock insurer would meet minimum requirements to be issued a certificate of authority by the commissioner to transact business in this state and the continued operations of the new stock insurer would not be hazardous to existing or future policyholders or the public.(b) The amount of consideration provided by the converting insurer to policyholders shall be deemed to be fair and equitable pursuant to subsection (a), if the consideration is at least the amount of statutory surplus attributable to contributions of policyholders.(c) Upon submission of a plan of conversion, the commissioner may request any additional documents or information in the possession of the insurer or its affiliates as are reasonably necessary to enable the commissioner to make the findings required by this section for the approval of the plan.History: L. 1985, ch. 154, § 4; L. 1986, ch. 318, § 44; L. 1987, ch. 181, § 2; L. 1988, ch. 356, § 129; L. 1997, ch. 107, § 6; July 1.
KS Stat § 40-4005 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4005 Same; meeting for approval by policyholders.

40-4005. Same; meeting for approval by policyholders. The meeting called for approval of the plan by the policyholders prescribed by K.S.A. 40-4002 and amendments thereto shall be called by a majority of the board of directors, the chairperson of the board or the president. A copy of the plan and any information the commissioner deems necessary to policyholder understanding, including a comprehensible summary of the plan in a form approved by the commissioner, shall accompany the notice.History: L. 1985, ch. 154, § 5; L. 1997, ch. 107, § 7; July 1.