reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 40 - Insurance › Article 22a - Utilization Review › 40-22a06 Same; certificate not required for certain review activities; certain provisions not applicable to certain organizations.

40-22a06. Same; certificate not required for certain review activities; certain provisions not applicable to certain organizations.
(a) No certificate shall be required for utilization review activities conducted by or on behalf of:
(1) An agency of the federal government;
(2) a person, agency or utilization review organization acting on behalf of the federal government, but only to the extent such person, agency or organization is providing services under federal regulation;
(3) a federally qualified health maintenance organization authorized to transact business in Kansas that is administering a quality assurance program and performing utilization review activities for its own members as required by 42 U.S.C. § 300e(c)(8) and 42 U.S.C. § 300e(c)(6) respectively;
(4) a person employed or used by a utilization review organization authorized to perform utilization review in Kansas, including, but not limited to, individual nurses and other health care providers. This exemption shall not apply with respect to individual persons performing utilization review activities in conjunction with any insurance contract or health benefit plan pursuant to a direct contractual relationship with a health maintenance organization, group-funded self-insurance plan or insurance company;
(5) a health benefit plan that is self-insured and qualified under the federal employee retirement income security act of 1974 as amended;
(6) hospitals, home health agencies, clinics, private health care provider offices or any other authorized health care facility or entity conducting general, in-house utilization review unless such review is for the purpose of approving or denying payment for hospital or medical services in a particular case; or
(7) utilization review organizations conducting utilization review only with respect to mental health, chemical dependency, chiropractic, optometric, podiatric, dental or any other health care service or services other than the practice of medicine and surgery, until utilization review standards governing such treatment or service are incorporated in rules and regulations adopted pursuant to K.S.A. 40-22a04, and amendments thereto.
(b) The provisions of K.S.A. 40-22a04(b)(2), (3), (4), (5) and (6) and (c), and amendments thereto, shall not apply to:
(1) Utilization review organizations accredited by and adhering to the national utilization review standards approved by URAC, an independent, nonprofit accreditation entity; or
(2) such other utilization review organizations the commissioner approves.
History:
L. 1994, ch. 238, § 6; L. 1998, ch. 14, § 1; L. 2021, ch. 108, § 9; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 22a - Utilization Review › 40-22a07 Same; unlawful acts; penalties; prior notification requirements, limitations on.

40-22a07.
Same; unlawful acts; penalties; prior notification requirements, limitations on.
(a) (1) It is unlawful for any person or utilization review organization to perform utilization review activities in this state except in accordance with this act.
(2) No utilization review organization nor any individual performing utilization review activities may agree to be compensated or receive compensation which is contingent in any way upon frequency of certification denials, costs avoided by denial or reduction in payment of claims or other results which may be adverse to the needs of the patient as determined by the attending health care provider.
(3) (A) A utilization review organization may establish prior notification requirements for inpatient and outpatient hospital admissions. A utilization review organization shall not require notification sooner than the next business day after any inpatient admission occurring on a weekend or holiday or any urgent or emergent inpatient or outpatient admission regardless of when the patient presents for services.
(B) For the purposes of this paragraph, a patient that is unstable or uncommunicative shall not be deemed to have presented to a health care facility until the patient is able to provide insurance information and the health care facility is permitted under state and federal law to inquire about insurance coverage.
(b) A utilization review organization may not reduce or deny payment to a provider for such provider's failure to comply with any utilization review organization's policy that conflicts with this act or any rules and regulations adopted pursuant to K.S.A. 40-22a11, and amendments thereto.
(c) When the commissioner has reason to believe a utilization review organization subject to this act has been or is engaged in any conduct which violates this act or any rules and regulations adopted pursuant to K.S.A. 40-22a11, the commissioner, after a hearing conducted in accordance with the Kansas administrative procedure act, may:
(1) Issue and cause to be served upon the utilization review organization an order requiring such organization to cease and desist from engaging in such violations;
(2) suspend or revoke the utilization review organization's certificate to perform utilization review affecting residents of this state;
(3) assess a monetary penalty of not less than $500 and not more than $1,000 for each violation; or
(4) apply any combination of the above provisions as the commissioner, by written order, deems appropriate.
History:
L. 1994, ch. 238, § 7; L. 2008, ch. 134, § 7; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 22a - Utilization Review › 40-22a08 Same; examination by commissioner; expenses.

40-22a08.
Same; examination by commissioner; expenses.
Whenever the insurance commissioner deems it to be prudent for the benefit of the insureds, health care providers or insurers, the commissioner or any person designated by the commissioner may visit and examine the affairs of any utilization review organization to determine if the organization is in compliance with this act or rules and regulations adopted under this act or orders issued by the commissioner pursuant to such act or rules and regulations.
Any person or entity examined pursuant to the provisions of this section shall pay the reasonable and proper charges incurred for such examination, including the actual expenses of the insurance commissioner or the expenses and compensation of the commissioner's authorized representative and the expenses and compensation of assistants and examiners employed therein.
History:
L. 1994, ch. 238, § 8; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 22a - Utilization Review › 40-22a09 Same; written procedures for utilization review; patient information confidential.

40-22a09.
Same; written procedures for utilization review; patient information confidential.
Each utilization review organization shall have written procedures for assuring that patient-specific information obtained during the process of utilization review will be:
(a) Kept confidential in accordance with applicable federal and state laws; and
(b) used solely for the purposes of utilization review, quality assurance, discharge planning and catastrophic case management.
History: L. 1994, ch. 238, § 9; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 22a - Utilization Review › 40-22a10 Same; patient information not subject to discovery or subpoena.

40-22a10.
Same; patient information not subject to discovery or subpoena.
Any records, charts or other information exchanged between a health care provider or patient and a utilization review organization shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in evidence in any judicial or administrative proceeding other than a disciplinary proceeding by the state board of healing arts or other agency of the state which regulates health care providers.
History:
L. 1994, ch. 238, § 10; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 22a - Utilization Review › 40-22a12 Same; severability.

40-22a12.
Same; severability.
If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application. To this end, the provisions of this act are declared to be severable.
History:
L. 1994, ch. 238, § 12; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 22a - Utilization Review › 40-22a16 Same; judicial review; limitation on duplicative reviews; contractual services; rules and regulations.

40-22a16. Same; judicial review; limitation on duplicative reviews; contractual services; rules and regulations.
On and after July 1, 2011:
(a) The decision of the external review organization may be reviewed directly by the district court at the request of either the insured, insurer or health insurance plan. The review by the district court shall be de novo. The decision of the external review organization shall not preclude the insured, insurer or health insurance plan from exercising other available remedies applicable under state or federal law. Seeking a review by the district court or any other available remedies exercised by the insured, insurer or health insurance plan after the decision of the external review organization will not stay the external review organization's decision as to the payment or provision of services to be rendered during the pendency of the review by the insurer or health insurance plan. All material used in an external review and the decision of the external review organization as a result of the external review shall be deemed admissible in any subsequent litigation.
(b) In no event shall more than one external review be available for any request arising out of the same set of facts during a period of 12 consecutive months commencing on the date of the initial request for external review. An insured may not pursue, either concurrently or sequentially, an external review process under both a federal and state law.
(c) The commissioner of insurance is hereby authorized to negotiate and enter into contracts necessary to perform the duties required by K.S.A. 40-22a13 through 40-22a16, and amendments thereto.
(d) The commissioner of insurance shall adopt rules and regulations necessary to carry out the purposes of K.S.A. 40-22a13 through 40-22a16, and amendments thereto. The rules and regulations shall ensure that the commissioner is able to provide for an effective and efficient external review of health care services.
(e) Except as provided in subsection (a), the decision of the external review organization shall be binding on the insured and the insurer or health insurance plan.
History:
L. 1999, ch. 162, § 9; L. 2011, ch. 111, § 5; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 23 - Old-age And Survivors Insurance For Public Employees › 40-2301 Declaration of policy.

40-2301.
Declaration of policy.
In order to extend to certain employees of the state and its political subdivisions and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivors insurance system embodied in the social security act, it is hereby declared to be the policy of the legislature, subject to the limitations of this act, that such steps be taken as to provide such protection to employees of the state and its political subdivisions on as broad a basis as is permitted under the social security act. It is also the policy of the legislature that the protection afforded employees in positions covered by a retirement system on the date an agreement under this act is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system at such time, will not be impaired as a result of making the agreement so applicable or as result of legislative enactment in anticipation thereof.
History:
L. 1951, ch. 464, § 1; L. 1955, ch. 246, § 1; April 13.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 23 - Old-age And Survivors Insurance For Public Employees › 40-2304 Contributions by state employees.

40-2304.
Contributions by state employees.
(a) Every employee of the state whose services are covered by an agreement entered into under K.S.A. 40-2303, shall be required to pay for the period of such coverage, into the contribution fund established by K.S.A. 40-2307, contributions, with respect to wages, as defined in subsection (a) of K.S.A. 40-2302, equal to the amount of the employee tax which would be imposed by the federal insurance contributions act if such services constituted employment within the meaning of that act. Such liability shall arise in consideration of the employee's retention in the service of the state, or his entry upon such service, after the enactment of this act.
(b) The contribution imposed by this section shall be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
(c) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the state agency shall prescribe.
History:
L. 1951, ch. 464, § 4; L. 1955, ch. 246, § 4; April 13.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 23 - Old-age And Survivors Insurance For Public Employees › 40-2305a Certain school employees considered employees of state; referendum; certification.

40-2305a.
Certain school employees considered employees of state; referendum; certification.
(a) For the purpose of applying and construing the provisions of this section, the employees of any political subdivision who are covered by the state system for retirement and payment of annuities to school employees as provided for in article 55 of chapter 72 of the Kansas Statutes Annotated, and acts amendatory thereof or supplemental thereto, shall be considered to be employees of the state and not of a political subdivision.
(b) With respect to employees of the state the governor is empowered to authorize a referendum, and with respect to the employees of any political subdivision he shall authorize a referendum upon request of the governing body of such subdivision; and in either case the referendum shall be conducted, and the governor shall designate an agency or individual to supervise its conduct, in accordance with the requirements of section 218(d)(3) of the social security act, on the question of whether service in positions covered by a retirement system established by the state or by a political subdivision thereof should be excluded from or included under an agreement under this act. The governor or the agency or individual whom he shall designate to supervise the conduct of a referendum, with the approval of the governor, shall adopt rules and regulations governing the calling, holding and canvassing of such referendum. If the governor shall have, prior to the effective date of this act, designated an agency or individual to supervise the conduct of a referendum all the acts of the governor and of such agency or individual performed prior to the effective date of this act are hereby validated and confirmed to the same extent as if done under the authority of this act and, in the case of a political subdivision, regardless of the fact that the governing body of such political subdivision did not request such referendum. The notice of referendum required by section 218(d)(3)(C) of the social security act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this act.
(c) Upon receiving evidence satisfactory to him that with respect to any such referendum the conditions specified in sections 218(d)(3) of the social security act have been met, the governor shall so certify to the secretary of health, education and welfare.
History:
L. 1955, ch. 246, § 6; April 13.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 23 - Old-age And Survivors Insurance For Public Employees › 40-2306a Other laws, retirement, annuity and pension plans not affected.

40-2306a.
Other laws, retirement, annuity and pension plans not affected.
Nothing contained in this act shall be construed as repealing or amending any law except those specifically amended or repealed by this act, nor shall this act be construed as amending any retirement, annuity or pension plan provided under any other law of this state.
History:
L. 1955, ch. 246, § 8; April 13.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 23 - Old-age And Survivors Insurance For Public Employees › 40-2308 Rules and regulations.

40-2308.
Rules and regulations.
The state agency may adopt, publish, and file in the office of the secretary of state as provided by law, such rules and regulations, not inconsistent with the provisions of this act, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this act.
History:
L. 1951, ch. 464, § 8; L. 1988, ch. 366, § 9; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 23 - Old-age And Survivors Insurance For Public Employees › 40-2309 Studies and reports.

40-2309.
Studies and reports.
The state agency shall make studies concerning the problem of old-age and survivors insurance protection for employees of the state and local governments and their instrumentalities and concerning the operation of agreements made and plans approved under this act and shall submit a report to the legislature at the beginning of each regular session, covering the administration and operation of this act during the preceding calendar year, including such recommendations for amendments to this act as it considers proper.
History:
L. 1951, ch. 464, § 9; April 2.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2401 Purpose of act.

40-2401.
Purpose of act.
The purpose of this act is to regulate trade practices in the business of insurance in accordance with the intent of congress as expressed in the act of congress of March 9, 1945 (Public Law 15*, 79th Congress), by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.
History:
L. 1955, ch. 247, § 1; June 30.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2402 Definitions.

40-2402.
Definitions.
When used in this act:
(a) "Person" means any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's insurer, fraternal benefit society and any other legal entity engaged in the business of insurance, including agents, brokers and adjusters. Person also means any nonprofit medical and hospital service corporations, as defined in article 19c of chapter 40 of the Kansas Statutes Annotated, and amendments thereto; administrators, as defined in article 38 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto; and health maintenance organizations, as defined in article 32 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto.
(b) "Commissioner" means the commissioner of insurance of this state.
(c) "Insurance policy" or "insurance contract" means any contract of insurance, indemnity, medical or hospital service, suretyship or annuity issued, proposed for issuance or intended for issuance by any person.
History:
L. 1955, ch. 247, § 2; L. 1972, ch. 189, § 1; L. 1985, ch. 163, § 1; L. 1987, ch. 170, § 1; L. 1997, ch. 8, § 10; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2403 Unfair methods of competition or unfair and deceptive acts or practices; prohibited.

40-2403.
Unfair methods of competition or unfair and deceptive acts or practices; prohibited.
No person shall engage in this state in any trade practice which is defined in this act as, or determined pursuant to K.S.A. 40-2406 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
History:
L. 1955, ch. 247, § 3; L. 1972, ch. 189, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2404a Rules and regulations.

40-2404a.
Rules and regulations.
The commissioner may, after notice and hearing, promulgate reasonable rules and regulations, as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by K.S.A. 40-2404, but the regulations shall not enlarge upon or extend the provisions of K.S.A. 40-2404.
History:
L. 1972, ch. 189, § 10; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2406 Same; hearing conducted by commissioner.

40-2406.
Same; hearing conducted by commissioner.
(a) Whenever the commissioner has reason to believe that any such person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice, whether or not defined in K.S.A. 40-2404, and amendments thereto, and that a proceeding by the commissioner in respect thereto would be in the interest of the public, the commissioner shall issue and serve upon such person a statement of the charges in that respect and conduct a hearing thereon in accordance with the provisions of the Kansas administrative procedure act.
(b) If, after such hearing, the commissioner determines that the person charged has engaged in any unfair method of competition or any unfair or deceptive act or practice, any costs incurred as a result of conducting any administrative hearing authorized under the provisions of this section shall be assessed against such person or the company or companies represented by such person as an agent, broker or adjuster who is a participating party to the matters giving rise to the hearing. As used in this subsection, "costs" shall include witness fees, mileage allowances, any costs associated with reproduction of documents which become a part of the hearing record and the expense of making a record of the hearing.
History:
L. 1955, ch. 247, § 6; L. 1972, ch. 189, § 5; L. 1982, ch. 205, § 1; L. 1986, ch. 318, § 37; L. 1988, ch. 356, § 110; July 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2407 Same; cease and desist orders; penalties; suspension or revocation of license; restitution; modification of order.

40-2407.
Same; cease and desist orders; penalties; suspension or revocation of license; restitution; modification of order.
(a) If, after such hearing, the commissioner shall determine that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, the commissioner shall render an order requiring such person to cease and desist from engaging in such method of competition, act or practice and if the act or practice is a violation of K.S.A. 40-2404, and amendments thereto, the commissioner may in the exercise of discretion order any one or more of the following:
(1) Payment of a monetary penalty of not more than $1,000 for each and every act or violation, but not to exceed an aggregate penalty of $10,000, unless the person knew or reasonably should have known such person was in violation of this act, in which case the penalty shall be not more than $5,000 for each and every act or violation, but not to exceed an aggregate of $50,000 in any six-month period;
(2) suspension or revocation of the person's license if such person knew or reasonably should have known such person was in violation of this act; or
(3) redress of the injury by requiring the refund of any premiums paid by, the payment of any moneys withheld from, any consumer and appropriate public notification of the violation. In applying this penalty any requirement for the payment of moneys may include reasonable interest at a rate not to exceed the rate specified in K.S.A. 40-2,126, and amendments thereto, with such interest commencing no earlier than the date the consumer's complaint was received by the commissioner and actual costs incurred by the consumer in effecting the payment associated directly with the injury.
(b) After the expiration of the time allowed for filing a petition for review if no such petition has been duly filed within such time, the commissioner may at any time, after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, reopen and alter, modify or set aside, in whole or in part, any order issued under this section, whenever in the commissioner's opinion conditions of fact or of law have so changed as to require such action or if the public interest shall so require.
History:
L. 1955, ch. 247, § 7; L. 1972, ch. 189, § 6; L. 1976, ch. 219, § 1; L. 1988, ch. 356, § 111; L. 1993, ch. 91, § 1; L. 1997, ch. 24, § 5; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2408 Same; finality of order; effect.

40-2408.
Same; finality of order; effect.
(a) An order issued by the commissioner under K.S.A. 40-2407, and amendments thereto, shall become final: (1) Upon the expiration of the time allowed for filing a petition for review if no such petition has been duly filed within such time, except that the commissioner may thereafter modify or set aside the order to the extent provided in subsection (b) of K.S.A. 40-2407, and amendments thereto; or (2) upon the final decision of the court on review if the court directs that the order of the commissioner be affirmed or the petition for review dismissed.
(b) No order of the commissioner under this act or order of a court to enforce such order shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this state.
History:
L. 1955, ch. 247, § 8; L. 1972, ch. 189, § 7; L. 1986, ch. 318, § 38; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2411 Same; penalties for violation of cease and desist orders; hearing.

40-2411.
Same; penalties for violation of cease and desist orders; hearing.
Any person who violates a cease and desist order of the commissioner issued under K.S.A. 40-2407, and amendments thereto, may after notice and hearing in accordance with the provisions of the Kansas administrative procedure act and upon order of the commissioner be subject at the discretion of the commissioner to any one or more of the following:
(a) A monetary penalty of not more than $10,000 for each and every act or violation, but not to exceed an aggregate penalty of $50,000 in any six-month period; or
(b) suspension or revocation of such person's license;
(c) redress of the injury by requiring the refund of any premiums paid by, the payment of any moneys withheld from, any consumer and appropriate public notification of the violation.
History:
L. 1955, ch. 247, § 11; L. 1972, ch. 189, § 9; L. 1976, ch. 219, § 2; L. 1988, ch. 356, § 112; July 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2412 Same; provisions additional to existing law.

40-2412.
Same; provisions additional to existing law.
The powers vested in the commissioner by this act, shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts and practices hereby declared to be unfair or deceptive.
History:
L. 1955, ch. 247, § 12; June 30.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2413 Same; immunity from prosecution, when.

40-2413.
Same; immunity from prosecution, when.
If any person shall ask to be excused from attending and testifying or from producing any books, papers, records, correspondence or other documents at any hearing on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture, and shall notwithstanding be directed to give such testimony or produce such evidence, he must nonetheless comply with such direction, but he shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence pursuant thereto, and no testimony so given or evidence produced shall be received against him upon any criminal action, investigation or proceeding: Provided, however, That no such individual so testifying shall be exempt from prosecution or punishment for any perjury committed by him while so testifying and the testimony or evidence so given or produced shall be admissible against him upon any criminal action, investigation or proceeding concerning such perjury, nor shall he be exempt from the refusal, revocation or suspension of any license, permission or authority conferred, or to be conferred, pursuant to the insurance law of this state.
Any such individual may execute, acknowledge and file in the office of the commissioner a statement expressly waiving such immunity or privilege in respect to any transaction, matter or thing specified in such statement and thereupon the testimony of such person or such evidence in relation to such transaction, matter or thing may be received or produced before any judge or justice, court, tribunal, grand jury or otherwise, and if so received or produced such individual shall not be entitled to any immunity or privilege on account of any testimony he may so give or evidence so produced.
History:
L. 1955, ch. 247, § 13; June 30.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2414 Same; invalidity of part.

40-2414.
Same; invalidity of part.
If any provision of this act, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the act, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
History: L. 1955, ch. 247, § 14; June 30.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2414a Rules and regulations to protect armed forces members from dishonest life insurance sales practices.

40-2414a.
Rules and regulations to protect armed forces members from dishonest life insurance sales practices.
(a) The commissioner of insurance shall have the authority to adopt such rules and regulations to protect service members of the United States armed forces from dishonest and predatory life insurance sales practices by declaring certain identified practices to be false, misleading, deceptive or unfair except that such rules and regulations shall not affect federal insurance programs under subchapter III of chapter 19 of title 38, United States code.
(b) This section shall be part of and supplemental to the unfair trade practice law.
History:
L. 2007, ch. 103, § 1; L. 2007, ch. 146, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2414b Short title.

40-2414b.
Short title.
K.S.A. 40-2401 through 40-2414, K.S.A. 40-2414a and 40-2414b, and amendments thereto, may be cited as the unfair trade practice law.
History:
L. 2007, ch. 103, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2415 Unauthorized insurer's false advertising process act; legislative declaration.

40-2415.
Unauthorized insurer's false advertising process act; legislative declaration.
The purpose of this act is to subject to the jurisdiction of the commissioner of insurance of this state and to the jurisdiction of the courts of this state insurers not authorized to transact business in this state which place in or send into this state any false advertising designed to induce residents of this state to purchase insurance from insurers not authorized to transact business in this state. The legislature declares it is in the interest of the citizens of this state who purchase insurance from insurers which solicit insurance business in this state in the manner set forth in the preceding sentence that such insurers be subject to the provisions of this act. In furtherance of such state interest, the legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing, it exercises its power to protect its residents and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, chapter 20, first session, S. 340 (U.S.C. Title 15, chapter 20, sections 1011-1015; U.S.C.A. Title 15, chapter 20, sections 1011-1015) which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states; the authority provided herein to be in addition to any existing powers of this state. The provisions of this act shall be liberally construed.
History:
L. 1963, ch. 265, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2416 Same; definitions.

40-2416.
Same; definitions.
When used in this act: "Commissioner" shall mean the commissioner of insurance of this state; "unfair trade practice law" shall mean K.S.A. 40-2401 through 40-2414, K.S.A. 40-2414a and 40-2414b, and amendments thereto; "residents" shall mean and include person, partnership or corporation, domestic, alien or foreign.
History:
L. 1963, ch. 265, § 2; L. 2007, ch. 103, § 3; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2417 Same; notice of unlawful advertising to insurer and to supervisory official in domiciliary state.

40-2417.
Same; notice of unlawful advertising to insurer and to supervisory official in domiciliary state.
No unauthorized foreign or alien insurer of the kind described in K.S.A. 40-2415 shall make, issue, circulate or cause to be made, issued or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magazine or other publication or over any radio or television station, any announcement or statement to such residents misrepresenting its financial condition or the terms of any contracts or certificates of insurance issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon in violation of the unfair trade practice law, and whenever the commissioner shall have reason to believe that any such insurer is engaging in such unlawful advertising, it shall be his duty to give notice of such fact by registered mail to such insurer and to the insurance supervisory official of the domiciliary state of such insurer. For the purpose of this section, the domiciliary state of an alien insurer shall be deemed to be the state of entry or the state of the principal office in the United States.
History:
L. 1963, ch. 265, § 3; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2418 Same; failure to comply with notice; action by commissioner.

40-2418.
Same; failure to comply with notice; action by commissioner.
If after thirty (30) days following the giving of the notice mentioned in K.S.A. 40-2417 such insurer has failed to cease making, issuing, or circulating such false misrepresentations or causing the same to be made, issued or circulated in this state, and if the commissioner has reason to believe that a proceeding by him in respect to such matters would be to the interest of the public, and that such insurer is issuing or delivering contracts or certificates of insurance to residents of this state or collecting premiums on such contracts or certificates of insurance or doing any of the acts enumerated in K.S.A. 40-2419, he shall take action against such insurer under the unfair trade practice law.
History:
L. 1963, ch. 265, § 4; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2420 Same; invalidity of part.

40-2420.
Same; invalidity of part.
If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
L. 1963, ch. 265, § 6; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2425 Personal identifier; use of social security number prohibited.

40-2425.
Personal identifier; use of social security number prohibited.
On and after July 1, 2006: (a) No insurance company, including health maintenance organizations, offering any type of accident and sickness policy covering individuals residing in this state shall print or encode an insured's social security number on or into the insured's policy card.
(b) Any distinguishing identifier assigned to the insured's policy card shall be a combination of numbers or letters or both, which is unique to the insured.
(c) An insured's distinguishing identifier assigned to such insured's policy card shall not, in any way, be based on or depend on the insured's social security number.
History: L. 2004, ch. 157, § 3; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2425a Personal identifier; use of social security number prohibited.

40-2425a.
Personal identifier; use of social security number prohibited.
On and after July 1, 2006: (a) No insurance company, including health maintenance organizations, offering any type of coverage for prescription drugs or devices covering individuals residing in this state shall print or encode an insured's social security number on or into the insured's policy card.
(b) Any distinguishing identifier assigned to the insured's policy card shall be a combination of numbers or letters or both, which is unique to the insured.
(c) An insured's distinguishing identifier assigned to such insured's policy card shall not, in any way, be based on or depend on the insured's social security number.
History:
L. 2004, ch. 157, § 4; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2426 Personal identifier; effect of federal law.

40-2426.
Personal identifier; effect of federal law.
If a federal law takes effect requiring the United States department of health and human services to establish a national unique patient health identifier program, any person or entity that complies with such federal law shall be deemed to be in compliance with the provisions of K.S.A. 40-2425 and 40-2425a, and amendments thereto, and K.S.A. 40-4623, and amendments thereto.
History:
L. 2004, ch. 157, § 5; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2440 Kansas health care prompt payment act; citation; effective date.

40-2440.
Kansas health care prompt payment act; citation; effective date.
(a) K.S.A. 40-2440 through 40-2442, and amendments thereto, shall be known as the Kansas health care prompt payment act and shall apply to any policy of accident and sickness insurance issued or renewed in this state.
(b) The provisions of the Kansas health care prompt payment act shall take effect and be in force on and after January 1, 2001.
History:
L. 2000, ch. 147, § 43; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 24 - Regulation Of Certain Trade Practices › 40-2441 Same; definitions.

40-2441.
Same; definitions.
As used in K.S.A. 40-2440 through 40-2442, and amendments thereto:
(a) The term "clean claim" means a claim that has no defect or impropriety, including any lack of required substantiating documentation, or particular circumstance requiring special treatment that prevents timely payment from being made on the claim under the Kansas health care prompt payment act.
(b) The term "claim" means a written proof of loss as defined in paragraph (7) of subsection (A) of K.S.A. 40-2203, and amendments thereto, or an electronic proof of loss which contains the information required by paragraph (7) of subsection (A) of K.S.A. 40-2203, and amendments thereto.
(c) The term "policy of accident and sickness insurance" means any policy or contract insuring against loss resulting from sickness or bodily injury or death by accident, or both, any hospital, dental or medical expense policy, health, hospital, medical service corporation contract issued by a stock or mutual company or association, a health maintenance organization or any other insurer, third party administrator or other entity which pays claims pursuant to a policy of accident and sickness insurance. The term policy of accident and sickness insurance does not include any policy or contract of reinsurance, life insurance, endowment or annuity contract, policies or certificates covering only credit, disability income, long-term care, medicare supplement, drug, or vision-care only policy, coverage issued as a supplement to liability insurance, insurance arising out of a workers compensation or similar law, automobile medical-payment insurance or insurance under which benefits are payable without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.
History:
L. 2000, ch. 147, § 44; L. 2007, ch. 150, § 8; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 26 - Insurance Premium Financing › 40-2602 Definitions.

40-2602.
Definitions.
For the purpose of this act: (a) "Insurance premium finance company" means a person engaged in the business of entering into insurance premium finance agreements under this act.
(b) "Premium finance agreement" means an agreement by which an insured or prospective insured promises to pay to a premium finance company the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent in payment of premium on an insurance contract insuring against the perils of fire, extended coverage, marine and inland marine as defined in article 9 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, and insuring against casualty losses as defined in article 11 of chapter 40 of the Kansas Statutes Annotated and amendments thereto, together with a service charge as authorized and limited by this act.
(c) "Licensee" means an insurance premium finance company holding a license issued by the commissioner under this act.
(d) "Commissioner" as used in this act means the commissioner of insurance of the state of Kansas.
(e) "Premium" for purposes of this act shall include the annual premium surcharge for the health care stabilization fund.
History:
L. 1968, ch. 287, § 2; L. 1986, ch. 179, § 1; April 24.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 26 - Insurance Premium Financing › 40-2603 Act inapplicable, when.

40-2603.
Act inapplicable, when.
The provisions of this act shall not apply with respect to: (a) Any insurance company authorized to do business in the state of Kansas, or any agent or agency of an insurance company financing premiums on policies written by such agent or agency,
(b) any bank, trust company, savings and loan association, consumer loan licensee or sales finance company authorized to do business in this state,
(c) the enrollment of individuals under a group policy or the inclusion of insurance in a credit transaction under an arrangement for its purchase by the creditor in compliance with the applicable provisions of the Kansas uniform consumer credit code, and
(d) the financing of insurance premiums in Kansas in accordance with the provisions of K.S.A. 16-207, and amendments thereto, relating to legal interest rate.
History:
L. 1968, ch. 287, § 3; L. 1989, ch. 141, § 1; L. 1991, ch. 136, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 26 - Insurance Premium Financing › 40-2604 Licensure; violation, penalty; continuation, fee; application; authority of commissioner.

40-2604.
Licensure; violation, penalty; continuation, fee; application; authority of commissioner.
No person shall engage in the business of financing insurance premiums under this act in this state without first having obtained a license as a premium finance company from the commissioner of insurance. Every violation of any of the provisions of this act shall subject the person violating the same to a penalty not to exceed $500 for each violation or by imprisonment not to exceed six months in jail or both.
The license continuation fee shall be $100. The fee for such continuation shall be paid to the commissioner to be deposited in the state general fund.
Licenses may be continued from year to year as of May 1 of each year upon payment of the continuation fee. Every licensee shall, on or before the first day of April, pay to the commissioner the sum of $100 as a continuation fee for the succeeding year. Failure to pay the continuation fee within the time prescribed shall automatically revoke the license.
The applicant for such license shall file with the commissioner written application and shall make sworn answers to such interrogatories as the commissioner may require on forms prepared by the commissioner. The commissioner shall have authority, at any time, to require the applicant fully to disclose the identity of all stockholders, partners, officers and employees, and the commissioner may, in the exercise of discretion, refuse to issue or renew a license in the name of any firm, partnership, or corporation if not satisfied that any officer, employee, stockholder, or partner thereof who may materially influence the applicant's conduct meets the standards of this act.
History:
L. 1968, ch. 287, § 4; L. 1991, ch. 136, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 26 - Insurance Premium Financing › 40-2605 Investigation by commissioner; issuance of license.

40-2605.
Investigation by commissioner; issuance of license.
Upon the filing of an application and the payment of the license fee the commissioner shall make an investigation of each applicant and shall issue a license if he finds that the person to be licensed: (a) Is competent and trustworthy and intends to act in good faith in the capacity involved by the license applied for,
(b) has a good business reputation and has had experience, training, or education so as to be qualified in the business for which the license is applied for, and
(c) if a corporation, is a corporation incorporated under the laws of this state or a foreign corporation authorized to transact business in this state.
History:
L. 1968, ch. 287, § 5; July 1.