reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 40 - Insurance › Article 46 - Managed Care › 40-4607 Same; provider network required to be sufficient to ensure covered services accessible without unreasonable delay; determination of sufficiency of provider network; plan to provide for referral of insured to specialists under certain conditions; exceptions to requirements.

40-4607.
Same; provider network required to be sufficient to ensure covered services accessible without unreasonable delay; determination of sufficiency of provider network; plan to provide for referral of insured to specialists under certain conditions; exceptions to requirements.
(a) A health insurer providing a health benefit plan shall maintain a provider network that is sufficient in numbers and types of providers to assure that all covered services to an insured will be accessible without unreasonable delay. Sufficiency of the provider network shall be determined in accordance with the requirements of this section, and may be established by reference to any reasonable criteria used by the health insurer, including but not limited to: provider-insured ratios by specialty; primary care provider-insured ratios; geographic accessibility; waiting times for appointments with participating providers; hours of operation; and the availability of technological and specialty services to serve the needs of insureds requiring technologically advanced or specialty care.
(b) A health insurer shall have a plan by which an insured with a life-threatening, chronic, degenerative or disabling condition or disease, which requires specialized medical care over a prolonged period of time, may receive a referral to a specialist with expertise in treating such disease or condition who shall be responsible for and capable of providing and coordinating the insured's specialty care.
(c) Nothing in this section shall require a health insurer to provide benefits not otherwise covered by the terms of the health benefits plan.
(d) A provider network shall not be determined to be insufficient for failure to contract with any provider unwilling to contract under the same terms and conditions, including reimbursement levels, as such health insurer offers to other similarly situated health care providers.
History:
L. 1997, ch. 190, § 22; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 46 - Managed Care › 40-4609 Same; gynecological care.

40-4609.
Same; gynecological care.
(a) Each health insurer and the state health care benefits program shall permit a woman insured by the health insurer or such program to visit an in-network obstetrician or gynecologist for routine gynecological care from an in-network obstetrician or gynecologist one time each calendar year without requiring such woman to first visit or receive a referral from a primary care provider, so long as the care is medically necessary, including, but not limited to, care that is routine.
(b) This section shall be part of and supplemental to the patient protection act, cited at K.S.A. 40-4601 et seq., and amendments thereto.
History:
L. 2001, ch. 198, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 46 - Managed Care › 40-4621 Uniform prescription drug information card act; name of act.

40-4621.
Uniform prescription drug information card act; name of act.
This act shall be known and may be cited as the uniform prescription drug information card act.
History:
L. 2003, ch. 89, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 46 - Managed Care › 40-4622 Same; definitions.

40-4622.
Same; definitions.
As used in this act:
(a) "Commissioner" means the Kansas commissioner of insurance;
(b) "department" means the Kansas department of insurance; and
(c) "health benefit plan" shall have the meaning ascribed to such term by subsection (1) of K.S.A. 40-2209d, and amendments thereto.
History:
L. 2003, ch. 89, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 46 - Managed Care › 40-4623 Same; required information on card; use of social security number as cardholder identification number prohibited; issuance of card.

40-4623.
Same; required information on card; use of social security number as cardholder identification number prohibited; issuance of card.
(a) A health benefit plan that provides coverage for prescription drugs or devices and issues a card for claims processing and an administrator of any such plan, including, but not limited to, a pharmacy benefits manager and a third-party administrator shall issue a card containing uniform prescription drug information to each person entitled to such card under the health benefit plan. If required for claims adjudication, the uniform prescription drug information card shall specifically identify and display the following information:
(1) ANSI-BIN number;
(2) processor control number or group number or both;
(3) card issuer identifier;
(4) prescription claims processor, if different from card issuer;
(5) cardholder identification number;
(6) cardholder or insured name;
(7) claims submission names and addresses; and
(8) help desk telephone numbers.
(b) A uniform prescription drug information card shall be issued by a health benefit plan to each person entitled to such card under the health benefit plan upon enrollment and reissued upon any change in such person's coverage that affects one or more mandatory data elements contained on the card.
(c) Notwithstanding the foregoing provision, any health benefit plan or administrator of such plan may utilize, in lieu of such card, electronic technology which contains all of the information required for claims adjudication, as long as such electronic technology is provided by the health benefit plan or administrator of such plan to the pharmacies which will adjudicate the prescription drug claims.
(d) On and after July 1, 2006: (1) No cardholder's social security number shall be printed or encoded on or into any card issued under this section.
(2) Any cardholder identification number or other distinguishing identifier assigned to the card issued to a cardholder shall be a combination of numbers or letters or both, which is unique to the cardholder.
(3) A cardholder's identification number or other distinguishing identifier assigned to such insured's policy card shall not, in any way, be based on or depend on the cardholder's social security number.
History:
L. 2003, ch. 89, § 3; L. 2004, ch. 157, § 6; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 46 - Managed Care › 40-4624 Same; usage of prescription drug information card.

40-4624.
Same; usage of prescription drug information card.
The uniform prescription drug information card may be used for any and all coverage under a health benefit plan. Nothing in this act shall be construed as requiring any person issuing a card for processing of claims under a health benefit plan to issue a separate card for prescription drug coverage, as long as the card is able to accommodate the information necessary to process a prescription drug claim, as required by K.S.A. 40-4623, and amendments thereto.
History:
L. 2003, ch. 89, § 4; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 46 - Managed Care › 40-4625 Same; application of act; rules and regulations.

40-4625.
Same; application of act; rules and regulations.
(a) This act shall apply to any health benefit plan that is amended, delivered, issued or renewed on or after the effective date of this act.
(b) The commissioner may adopt rules and regulations that are necessary to implement the provisions of this act.
History:
L. 2003, ch. 89, § 5; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 46 - Managed Care › 40-4626 Same; powers of commissioner.

40-4626.
Same; powers of commissioner.
This act shall be administered and enforced by the commissioner in the same manner as is provided for administering and enforcing the statutes regarding insurers' unfair methods of competition and unfair or deceptive acts or practices, as provided by K.S.A. 40-2405, 40-2406, 40-2407, 40-2408 and 40-2411, and amendments thereto, and the commissioner shall have and may exercise the powers granted by K.S.A. 40-2405, 40-2406, 40-2407, 40-2408 and 40-2411, and amendments thereto, in administering and enforcing the provisions of this act.
History:
L. 2003, ch. 89, § 6; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 47 - Kansas Business Health Partnership › 40-4701 Kansas business health partnership act; definitions.

40-4701.
Kansas business health partnership act; definitions.
As used in K.S.A. 40-4701 through 40-4707, and amendments thereto:
(a) "Carrier" means any insurance company, nonprofit medical and hospital service corporation, nonprofit optometric, dental, or pharmacy service corporation, municipal group-funded pool, fraternal benefit society or health maintenance organization, as these terms are defined by chapter 40 of the Kansas Statutes Annotated, and amendments thereto, that offers health benefit plans covering eligible employees of one or more small employers in the state.
(b) "Health committee" means the Kansas business health policy committee as specified in K.S.A. 40-4702, and amendments thereto.
(c) "Dependent" means the spouse or any child of an eligible employee.
(d) "Eligible employee" shall have the meaning ascribed to it in K.S.A. 40-2209d, and amendments thereto.
(e) "Health benefit plan" means any hospital or medical expense policy, health, hospital or medical services corporation contract, and a plan provided by a municipal group-funded pool, or a health maintenance organization contract offered by any employer or any certificate issued under any such policy, contract or plan.
(f) "Kansas business health partnership" or "health partnership" means a nonrisk bearing nonprofit corporation that has responded to a request for a proposal by the health committee and has been selected by the health committee to provide health insurance through multiple unaffiliated participating carriers to small employers and their eligible employees.
(g) "Low wage or modest wage employee" means any eligible employee whose family income does not exceed 200% of the poverty level.
(h) "Small employer" shall have the meaning ascribed to it in K.S.A. 40-2209d, and amendments thereto.
History:
L. 2000, ch. 147, § 47; L. 2002, ch. 112, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 47 - Kansas Business Health Partnership › 40-4703 Same; health partnership; organization.

40-4703.
Same; health partnership; organization.
(a) The health partnership selected by the health committee shall:
(1) Be a domestic not-for-profit corporation; and
(2) have a board of directors which includes among its members at least one director who is a small employer and at least one director who is an employee.
(3) No director shall have any interest in any business which sells health insurance or which provides or delivers any health care services.
(b) Operate the Kansas business health partnership.
History:
L. 2000, ch. 147, § 49; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 47 - Kansas Business Health Partnership › 40-4705 Same; health committee; subsidies for coverage.

40-4705.
Same; health committee; subsidies for coverage.
The health committee may provide a mechanism for direct subsidies to low and modest wage employees of employers acquiring coverage through a direct contract with a carrier rather than through the health partnership, and for provision to such employees of a supplemental benefit plan as described in subsection (a) of K.S.A. 40-4704.
History:
L. 2000, ch. 147, § 51; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 47 - Kansas Business Health Partnership › 40-4706 Same; division of health care finance of the department of health and environment; duties.

40-4706. Same; division of health care finance of the department of health and environment; duties.
The division of health care finance of the department of health and environment shall investigate and pursue all possible policy options to bring into this partnership title XIX and the title XXI eligible families of any eligible employees employed by a small employer. The division of health care finance of the department of health and environment shall develop and seek federal approval of any appropriate variance or state plan amendment for the state children's health insurance program established by K.S.A. 38-2001 et seq., and amendments thereto, and the state medical assistance program required to accomplish the purposes of this act. The division of health care finance of the department of health and environment shall work with the health partnership to develop a single employee application that may be used by the health plan and the medicaid and state children's health insurance program to determine eligibility.
History:
L. 2000, ch. 147, § 52; L. 2002, ch. 112, § 5; L. 2004, ch. 159, § 17; L. 2005, ch. 187, § 39; L. 2012, ch. 102, § 21; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 47 - Kansas Business Health Partnership › 40-4707 Same; citation of act.

40-4707.
Same; citation of act.
K.S.A. 40-4701 through 40-4707, and amendments thereto, shall be known as the Kansas business health partnership act.
History:
L. 2000, ch. 147, § 53; L. 2002, ch. 112, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 48 - Amusement Rides › 40-4801 Amusement ride insurance act; definitions.

40-4801. Amusement ride insurance act; definitions.
As used in K.S.A. 40-4802 and 40-4803, and amendments thereto, the terms "amusement ride," "antique amusement ride," "limited-use amusement ride," "operator," "owner" and "registered agritourism activity" shall have the same meanings as those terms are defined in K.S.A. 44-1601, and amendments thereto.
History:
L. 2000, ch. 147, § 54; L. 2017, ch. 103, § 4; L. 2018, ch. 84, § 2; May 17.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 48 - Amusement Rides › 40-4802 Same; financial responsibility requirements.

40-4802. Same; financial responsibility requirements.
No amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall be operated in this state unless at the time of operation the owner has in effect an insurance policy insuring the owner and operator against liability for bodily injury to persons arising out of the operation of the amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity. The insurance policy shall be written by an insurance company doing business in Kansas, or by a surplus lines insurer. Such insurance policy shall:
(a) (1) For an owner or operator of an amusement ride, provide for coverage in an amount not less than $1,000,000 per occurrence with a $2,000,000 annual aggregate, except that this requirement shall be satisfied if the owner of such amusement ride is the state or any subdivision of the state and such owner self-insures, or participates in a public entity self-insurance pool in accordance with K.S.A. 75-6111, and amendments thereto; or
(2) for an owner or operator of an antique amusement ride, limited-use amusement ride or registered agritourism activity, provide for coverage in an amount not less than $750,000 per occurrence with a $1,000,000 annual aggregate; and
(b) name as an additional insured any person contracting with the owner for the operation of the amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity.
History:
L. 2000, ch. 147, § 55; L. 2005, ch. 77, § 1; L. 2017, ch. 103, § 5; L. 2018, ch. 84, § 3; May 17.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 48 - Amusement Rides › 40-4803 Same; local government, insurance and safety standards.

40-4803.
Same; local government, insurance and safety standards.
The governing body of any city or county may establish and enforce safety standards for amusement rides and may require insurance in an amount which exceeds the amount required by K.S.A. 40-4802, and amendments thereto. The governing body of any city or county may allow, in lieu of an insurance policy, an owner or operator to be self-insured.
History:
L. 2000, ch. 147, § 56; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 48 - Amusement Rides › 40-4804 Same; citation of act; effective date.

40-4804.
Same; citation of act; effective date.
(a) K.S.A. 40-4801 through 40-4804 and amendments thereto shall be known as the amusement ride insurance act.
(b) The amusement ride insurance act shall take effect and be in force on and after January 1, 2001.
History:
L. 2000, ch. 147, § 57; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4901 Uniform insurance agents licensing act; citation; applicability.

40-4901.
Uniform insurance agents licensing act; citation; applicability.
(a) K.S.A. 40-4901 through 40-4918, and amendments thereto, shall constitute and be known as the uniform insurance agents licensing act.
(b) Except as provided in K.S.A. 40-4906 and subsection (b) of K.S.A. 40-4914, and amendments thereto, this act shall not apply to any excess and surplus lines agents and brokers licensed pursuant to K.S.A. 40-246b, and amendments thereto.
History:
L. 2001, ch. 91, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4906 Nonresident agent license; requirements.

40-4906. Nonresident agent license; requirements.
(a) Unless denied licensure pursuant to K.S.A. 40-4909, and amendments thereto, a nonresident person shall receive a nonresident agent license if:
(1) Such person is currently licensed as a resident and in good standing in such person's home state;
(2) such person has submitted the proper request for licensure and has paid to the commissioner a nonrefundable application fee not to exceed $30 and a biennial fee not to exceed $50;
(3) such person has submitted or transmitted to the commissioner of insurance a copy of the application for licensure that such person submitted to such person's home state, or in lieu of the same, a completed application on a form prescribed by the commissioner; and
(4) such person's home state awards a nonresident agent license to residents of this state on the same basis.
(b) The commissioner may verify the insurance agent's licensing status through the producer database maintained by the NAIC, its affiliates or subsidiaries.
(c) (1) Any nonresident agent who is licensed in this state and who moves from one state to another state or a resident agent who moves from this state to another state shall file with the commissioner within 30 days a change of address and provide certification from the new resident state.
(2) Any insurance agent who resides in this state and who moves from this state to another state shall file with the commissioner within 30 days a change of address and provide certification from the new resident state.
(3) No fee or license application shall be required for any filing required by this subsection.
(d) Subject to the provisions of subsection (a), any person licensed as a surplus lines agent in such person's home state shall receive a nonresident surplus lines agent license. Except as provided in subsection (a), nothing in this section shall be construed to amend or supersede any provision of K.S.A. 40-246b, and amendments thereto.
(e) Subject to the provisions of subsection (a), any person licensed as a limited line credit insurance or other type of limited lines agent in such person's home state shall receive a nonresident limited lines agent license in this state granting the same scope of authority as granted under the license issued by such insurance agent's home state.
(f) Not later than December 1 of each year, the commissioner shall set and publish in the Kansas register the application fee required pursuant to subsection (a) for the next calendar year.
History:
L. 2001, ch. 91, § 6; L. 2023, ch. 49, § 4; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4907 Same; temporary license; when authorized; powers of commissioner.

40-4907.
Same; temporary license; when authorized; powers of commissioner.
(a) Except as provided in subsection (c), the commissioner may issue a temporary insurance agent license for a period not to exceed 180 days without requiring the applicant to pass a written examination. A temporary insurance agent license may be issued to:
(1) The surviving spouse or court-appointed personal representative of a licensed insurance agent who dies or becomes mentally or physically disabled to allow adequate time:
(A) For the sale of the insurance business owned by such insurance agent;
(B) for the recovery or return of such insurance agent to the business; or
(C) to provide for the training and licensing of new personnel to operate such insurance agent's business.
Any insurance agent license issued to a surviving spouse shall lapse upon issuance of an insurance agent license or a temporary insurance agent license to a court-appointed personal representative of such deceased person.
(2) Any member or employee of a business entity licensed as an insurance agent, upon the death or disability of an individual designated in such business entity's application or the insurance agent's license.
(3) The designee of an individual licensed as an insurance agent who is entering active service in the armed forces of the United States of America.
(4) Any other person under such other circumstance where the commissioner deems that the public interest will be best served by the issuance of such license.
(b) The commissioner may issue any order deemed necessary by the commissioner to limit the authority of any temporary licensee to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor. Such sponsor shall:
(1) Be a licensed insurance agent or insurer; and
(2) assume responsibility for all acts of the temporary licensee.
The commissioner may impose other similar requirements designed to protect insureds and the public. If the interests of the insureds or the public are endangered, the commissioner may by order revoke a temporary license. No temporary license shall continue after the owner or the personal representative disposes of the business.
(c) (1) Except as provided in paragraph (2) the commissioner may extend a temporary insurance agent license for one additional period of up to 180 days.
(2) Any temporary insurance agent license issued pursuant to paragraph (3) of subsection (a) may be renewed for such period of time as in the commissioner's opinion may be necessary for the continuation of the business of such licensed individual.
History:
L. 2001, ch. 91, § 7; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4908 Same; waiver of examinations.

40-4908.
Same; waiver of examinations.
(a) The commissioner shall waive examinations for an individual who applies for an insurance agent license in this state who was previously licensed for the same lines of authority in another state when the applicant establishes that:
(1) (A) The applicant is currently licensed in such other state; or
(B) if the application is received within 90 days of the cancellation of the applicant's previous license issued by such other state and if such other state certifies that, at the time of cancellation, the applicant was in good standing in such other state. In lieu of issuance of a certification by such other state that the applicant was in good standing, the commissioner may accept evidence from such other state's producer database records, maintained by the NAIC, its affiliates or subsidiaries, which indicate that the applicant is or was licensed in good standing for the line of authority requested.
(2) The applicant seeks a license as travel insurance agent to persons selling transportation tickets of common carriers, who shall act as such agent only as to transportation ticket policies, or health or accident insurance, or baggage insurance on personal effects in connection with such transportation tickets of common carriers.
(3) The applicant has been licensed in Kansas for the class of insurance the applicant is applying for and where the license has been voluntarily surrendered for not more than two years prior to the date of the application with all educational requirements satisfied for the current licensing period and where the commissioner is satisfied that the applicant is trustworthy and competent.
(4) The applicant is an applicant for a license to write insurance on growing crops in this state and has been continuously licensed to write such coverage in this state on and after April 30, 1986.
(5) The applicant has qualified by examination, but due to clerical error by an insurance company, the applicant was not certified pursuant to K.S.A. 40-4912, and amendments thereto. Such insurance company shall pay all appointment fees that would have been paid had the applicant been properly appointed plus the penalty prescribed by K.S.A. 40-4912, and amendments thereto, for each violation.
(b) Any person licensed as an insurance agent pursuant to K.S.A. 40-4906, and amendments thereto, in another state who moves to this state shall make application to become a resident licensee within 90 days after such person establishes legal residence in this state. Except as required by the commissioner by rule and regulation, no person who has been previously authorized for any line of authority shall be required to be examined in this state for the same line of authority.
History:
L. 2001, ch. 91, § 8; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4910 Same; commissions, service fees or brokerage fees prohibited; exceptions.

40-4910.
Same; commissions, service fees or brokerage fees prohibited; exceptions.
(a) No insurance company or insurance agent shall pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this act and is not so licensed.
(b) No person shall accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this act and is not so licensed.
(c) Renewal or other deferred commissions may be paid to a person for selling, soliciting or negotiating insurance in this state if:
(1) Such person was required to be licensed under this act at the time the sale, solicitation or negotiation of insurance occurred; and
(2) such person was licensed as required by this act when the sale, solicitation or negotiation of insurance occurred.
(d) An insurance agent may place a kind or kinds of business, for which such insurance agent is licensed pursuant to this act, with an insurer for which such insurance agent is not an agent, by placing such business through an agent of such insurer.
(e) An insurance agent may divide or share in commissions with other agents licensed to write the same kind or kinds of insurance provided the solicitation of such business shall be subject to subsection (d).
(f) Any insurance agent may pay or assign a commission, service fee, brokerage or any other valuable consideration to an insurance agency or any financial holding company which does not sell, solicit or negotiate insurance in this state unless such payment or assignment violates any provision of K.S.A. 40-2404, and amendments thereto.
History:
L. 2001, ch. 91, § 10; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4911 Same; agents receipt of compensation.

40-4911.
Same; agents receipt of compensation.
A licensed insurance agent may receive compensation for or on account of negotiating contracts of insurance or placing or soliciting or effecting contracts of insurance. Nothing in this chapter shall abridge or restrict freedom of contract of insurance carriers or agents or brokers with reference to the amount of commissions or fees to be paid to such insurance agents and such payments are expressly authorized. Insurance agents shall have the right to compensation other than commissions from any insured or prospective insured on account of negotiation or procurement of or other services in connection with contracts of insurance policies including adjustment of claims if such compensation is based upon a written agreement between the insurance agent and insured specifying the amount of such compensation. Nothing herein contained shall affect the right of any insurance agent to recover from the insured the amount of any premium or premiums for insurance placed by or through the insurance agent.
History:
L. 2001, ch. 91, § 11; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4912 Same; appointment of agents.

40-4912. Same; appointment of agents.
(a) Any company authorized to transact business in this state may, upon determining that the insurance agent is of good business reputation and, if an individual, has had experience in insurance or will immediately receive a course of instruction in insurance and on the policies and policy forms of such company, appoint such insurance agent as the insurance agent of the company under the license in effect for the insurance agent. The appointment shall be made on a form prescribed by the commissioner. Such form shall be sent to the commissioner within 30 days of the date the company appoints such insurance agent. A nonrefundable appointment or certification fee set forth in K.S.A. 40-252, and amendments thereto, shall be paid in accordance with the billing procedures established by the commissioner. Such procedures shall require payment of the fees annually, based on the number of insurance agents appointed during the calendar year preceding the return. The certification fees required by K.S.A. 40-252, and amendments thereto, shall be due for all insurance agents appointed by the company during the preceding calendar year, irrespective of the number of months the insurance agent was appointed for that year. The certification fee shall not be returned for any reason, and failure of the company to certify an insurance agent within 30 working days of such insurance agent's appointment shall subject the company to a penalty of not more than $25 per calendar day from the date the appropriate return was required from the date of appointment to the date proper certification is recorded by the insurance department.
(b) With respect to insurance on growing crops, evidence satisfactory to the commissioner that the insurance agent is qualified to transact insurance in accordance with standards or procedures established by any branch of the federal government shall be deemed to be the equivalent of certification by a company.
(c) Duly licensed insurance agents transacting business in accordance with the provisions of article 41 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, shall be deemed to be certified by a company for the kinds of insurance permitted under the license in effect for the insurance agent.
History:
L. 2001, ch. 91, § 12; L. 2021, ch. 23, § 6; January 1, 2022.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4914 Same; waiver of conditions for nonresident insurance agent license; conditions.

40-4914.
Same; waiver of conditions for nonresident insurance agent license; conditions.
(a) Subject to the provisions of K.S.A. 40-4908, and amendments thereto, the commissioner shall waive any license application requirements for a nonresident insurance agent license if:
(1) The applicant has a valid current license issued by such applicant's home state; and
(2) the applicant's home state awards nonresident licenses to residents of this state on the same basis.
(b) A nonresident agent's satisfaction of such insurance agent's home state's continuing education requirements for licensed insurance agents shall constitute satisfaction of this state's continuing education requirements if the nonresident agent's home state accepts satisfaction of its continuing education requirements imposed upon agents from this state as satisfying the continuing education requirements imposed by the nonresident insurance agent's home state on the same basis.
History:
L. 2001, ch. 91, § 14; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4915 Same; insurance agent license; renewal; penalty for nonrenewal.

40-4915. Same; insurance agent license; renewal; penalty for nonrenewal.
(a) Notwithstanding the provisions of K.S.A. 40-4903 and 40-4906, and amendments thereto, any person who is currently licensed as an insurance agent on the day before the effective date of this act and whose biennial due date occurred during the 24 calendar months immediately preceding the effective date of this act shall be deemed to be licensed as an insurance agent under this act unless such person's license has been suspended, revoked or refused renewal prior to the effective date of this act.
(b) Any person licensed as an insurance agent under the provisions of subsection (a) shall renew such license in accordance with the provisions of this act on or before the first occurrence of such person's biennial due date after the effective date of this act.
(c) If the required renewal application is not received by the commissioner by the individual insurance agent's biennial due date, such individual insurance agent's qualification and each corresponding license shall be suspended automatically for a period of 90 calendar days or until such time as the agent satisfactorily submits a completed application, whichever occurs first. In addition, the commissioner shall assess a penalty of $100 for each license suspended. If such insurance agent fails to furnish to the commissioner the required renewal application and the monetary penalty within 90 calendar days of such insurance agent's biennial due date, such individual insurance agent's qualification and each corresponding license shall expire on such insurance agent's biennial due date. If, after more than three but less than 12 months from the date the license expired, the insurance agent desires to reinstate such insurance agent's license, such individual shall provide the required renewal application and pay a reinstatement fee in the amount of $100 for each license suspended. If, after more than 12 months from the date an insurance agent's license has expired, such insurance agent desires to reinstate such insurance agent's license, such individual shall apply for an insurance agent's license, provide the required proof of continuing education completion and pay a reinstatement fee in the amount of $100 for each license suspended. Upon receipt of a written application from such insurance agent claiming extreme hardship, the commissioner may waive any penalty imposed under this subsection.
History:
L. 2001, ch. 91, § 15; L. 2021, ch. 23, § 7; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4916 Same; rules and regulations.

40-4916.
Same; rules and regulations.
In accordance with the provisions of the rules and regulations filing act, K.S.A. 77-415 et seq., and amendments thereto, the commissioner may adopt, amend and revoke rules and regulations governing the administration and enforcement of this act, including but not limited to:
(a) Criteria for approval of continuing education materials and assigning C.E.C. values for such materials;
(b) any form required to implement this act, subject to the condition that any application form shall substantially comply with any requirements imposed by the NAIC;
(c) any application for examination or licensure under this act;
(d) any examination for licensing under this act;
(e) any report which may be required by this act; and
(f) such other rules and regulations as the commissioner may deem necessary to carry out the provisions of this act.
History:
L. 2001, ch. 91, § 16; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4917 Same; disposition of moneys.

40-4917.
Same; disposition of moneys.
The commissioner shall remit all moneys received by or for the commissioner under the provisions of this act to the state treasurer at least monthly. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury and such amount shall be credited to the insurance department service regulation fund.
History:
L. 2001, ch. 91, § 17; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 49 - Uniform Insurance Agents Licensing Act › 40-4918 Same; contracts; acquisition of services.

40-4918.
Same; contracts; acquisition of services.
The commissioner may enter into any contracts or purchase any services necessary to implement the provisions of this act.
History:
L. 2001, ch. 91, § 18; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 50 - Viatical Settlements › 40-5001 Viatical settlements act of 2002; citation.

40-5001.
Viatical settlements act of 2002; citation.
K.S.A. 40-5001 through 40-5016 inclusive, and K.S.A. 40-5007a, 40-5009a and 40-5012a, and amendments thereto, may be cited as the viatical settlements act of 2002.
History:
L. 2002, ch. 158, § 1; L. 2008, ch. 96, § 4; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 50 - Viatical Settlements › 40-5004 Same; suspension, revocation, refusal to issue or renew license; grounds; hearing; powers of commissioner.

40-5004.
Same; suspension, revocation, refusal to issue or renew license; grounds; hearing; powers of commissioner.
(a) The commissioner may refuse to issue, suspend, revoke or refuse to renew the license of a viatical settlement provider or viatical settlement broker in the event that investigation by the commissioner discloses that:
(1) There was any material misrepresentation in the application for the license;
(2) the licensee or any officer, partner, member or key management personnel has been convicted of fraudulent or dishonest practices, is subject to a final administrative action in this state or another state or is otherwise shown to be untrustworthy or incompetent;
(3) the viatical settlement provider demonstrates a pattern of unreasonable payments to viators;
(4) the licensee or any officer, partner, member or key management personnel has been found guilty of, or has pleaded guilty or nolo contendere to, any felony, or to a misdemeanor involving fraud or moral turpitude, regardless of whether a judgment of conviction has been entered by the court;
(5) the viatical settlement provider has entered into any viatical settlement contract that has not been approved pursuant to this act;
(6) the viatical settlement provider has failed to honor contractual obligations set out in a viatical settlement contract;
(7) the licensee no longer meets the requirements for initial licensure;
(8) the viatical settlement provider has assigned, transferred or pledged a viaticated policy to a person other than a viatical settlement provider licensed in this state, viatical settlement purchaser, an accredited investor or qualified institutional buyer as defined respectively in regulation D, rule 501 or rule 144A of the federal securities act of 1933, as in effect on the effective date of this act, financing entity, special purpose entity or related provider trust; or
(9) the licensee or any officer, partner, member or key management personnel has violated any provision of this act.
(b) If the commissioner denies a license application or suspends, revokes or refuses to renew the license of a viatical settlement provider or viatical settlement broker, the commissioner shall conduct a hearing in accordance with the Kansas administrative procedure act.
History:
L. 2002, ch. 158, § 4; May 23.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 50 - Viatical Settlements › 40-5005 Same; approval of forms.

40-5005.
Same; approval of forms.
No person shall use a viatical settlement contract or provide to a viator a disclosure statement form in this state unless filed with and approved by the commissioner. The commissioner shall disapprove a viatical settlement contract form or disclosure statement form if, in the commissioner's opinion, the contract or provisions contained therein are unreasonable, contrary to the interests of the public or otherwise misleading or unfair to the viator. At the commissioner's discretion, the commissioner may require the submission of advertising material to the commissioner.
History:
L. 2002, ch. 158, § 5; May 23.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 50 - Viatical Settlements › 40-5006 Same; annual statements of licensee; identity of viator confidential; exceptions.

40-5006.
Same; annual statements of licensee; identity of viator confidential; exceptions.
(a) (1) Each licensee shall file with the commissioner on or before March 1 of each year an annual statement containing such information as the commissioner may prescribe by rule and regulation.
(2) In addition to any other requirements, for any policy settled within five years of such policy's date of issuance, the annual statement shall specify the total number, aggregate face amount and life settlement proceeds of policies settled during the immediately preceding calendar year, together with a break down of the information by policy issue year. Such information shall be limited to only those transactions where the insured is a resident of this state and shall not include individual transaction data regarding the business of viatical settlements or information that there is a reasonable basis to believe could be used to identify the policy owner or the insured.
(b) Except as otherwise allowed or required by law, a viatical settlement provider, viatical settlement broker, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured's identity, shall not disclose that identity as an insured, or the insured's financial or medical information to any other person unless the disclosure is:
(1) Necessary to effect a viatical settlement between the viator and a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;
(2) provided in response to an investigation or examination by the commissioner or any other governmental officer or agency or pursuant to the requirements of paragraph (c) of K.S.A. 40-5012a, and amendments thereto;
(3) a term of or condition to the transfer of a policy by one viatical settlement provider to another viatical settlement provider;
(4) necessary to permit a financing entity, related provider trust or special purpose entity to finance the purchase of policies by a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;
(5) necessary to allow the viatical settlement provider or viatical settlement broker or their authorized representatives to make contacts for the purpose of determining health status; or
(6) required to purchase stop loss coverage.
History:
L. 2002, ch. 158, § 6; L. 2008, ch. 96, § 6; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 50 - Viatical Settlements › 40-5014 Same; violation of act also unfair or deceptive trade practice.

40-5014.
Same; violation of act also unfair or deceptive trade practice.
Any violation of this act shall also be considered an unfair or deceptive act or practice under K.S.A. 40-2404, and amendments thereto, and subject to the penalties contained in K.S.A. 40-2401 et seq., and amendments thereto.
History:
L. 2002, ch. 158, § 14; May 23.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 50 - Viatical Settlements › 40-5015 Same; rules and regulations.

40-5015.
Same; rules and regulations.
The commissioner shall have the authority to:
(a) Promulgate rules and regulations necessary to implement the provisions of this act;
(b) establish standards for evaluating reasonableness of payments under viatical settlement contracts for persons who are terminally or chronically ill. Such authority includes, but is not limited to, regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise or bequest of a benefit under a life insurance policy;
(c) establish appropriate licensing requirements, fees and standards for continued licensure for viatical settlement providers or viatical settlement brokers;
(d) require a bond or other mechanism for financial accountability for viatical settlement providers and viatical settlement brokers; and
(e) adopt rules and regulations governing the relationship and responsibilities of both insurers and viatical settlement providers or viatical settlement brokers during the viatication of a life insurance policy or certificate.
History:
L. 2002, ch. 158, § 15; May 23.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 50 - Viatical Settlements › 40-5016 Same; continuation of preexisting viatical settlement business.

40-5016.
Same; continuation of preexisting viatical settlement business.
A viatical settlement provider or viatical settlement broker transacting business in this state may continue to do so pending approval or disapproval of the viatical settlement provider or viatical settlement broker's application for a license as long as the application is filed with the commissioner by July 1, 2002.
History:
L. 2002, ch. 158, § 16; May 23.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 51 - Insurance Score Act › 40-5101 Citation of act.

40-5101.
Citation of act.
K.S.A. 40-5101 through 40-5114, and amendments thereto, shall be known as the Kansas insurance score act.
History:
L. 2003, ch. 88, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 51 - Insurance Score Act › 40-5102 Applicability of act.

40-5102.
Applicability of act.
(a) This act shall apply only to personal insurance and not to commercial insurance. A personal insurance policy must be individually underwritten for personal, family or household use. No other type of insurance shall be included as personal insurance for the purpose of this act.
(b) This act shall apply to all personal insurance policies either written to be effective or renewed on or after January 1, 2004.
History:
L. 2003, ch. 88, § 3; July 1.