reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-42b - Preliminary determination by commissioner

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Within 10
			 business days after receiving the written request for external review and all
			 necessary information, a preliminary determination shall be completed by the
			 commissioner. The insured, the treating physician or insured's authorized
			 representative or health care provider acting on behalf of the insured, and the
			 insurer or health insurance plan shall be notified by the commissioner in
			 writing of any of the following:
(1) If the
			 request for external review is complete and has been accepted;
(2) If the request for external review is not
			 complete; or
(3) if the request
			 for external review is not accepted.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-42c - Standard external review procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At the time a request for external review
			 is accepted pursuant to K.A.R. 40-4-42b, an external review organization that
			 has been approved pursuant to
			 K.S.A.
			 40-22a15, and amendments thereto, shall be
			 assigned by the commissioner to conduct the external review.
(b) In reaching a decision, the assigned
			 external review organization shall not be bound by any decisions or
			 con-elusions reached during the insurer's utilization review process as set
			 forth in K.S.A. 40-22a13 through
			 40-22a16, and amendments thereto,
			 or the insurer's internal grievance process.
(c) The notice provided in K.A.R. 40-4-42b
			 shall notify both the insurer or its designee utilization review organization
			 and the insured or the insured's authorized representative that any of these
			 persons may, within seven business days after the receipt of the notice,
			 provide the assigned external review organization with additional documents and
			 information that the person wants the assigned external review organization to
			 consider in making its decision. Within one business day of receipt of any
			 additional documents or information from the insured or the insured's
			 authorized representative, the assigned external review organization shall
			 forward a copy of these documents or this information to the insurer or its
			 designee utilization review organization.
(d) Failure by the insurer to provide the
			 documents and information within the time specified in
			 K.S.A.
			 40-22a14(g), and amendments
			 thereto, shall not delay the conduct of the external review.
(e) The assigned external review organization
			 shall review all of the information and documents received pursuant to
			 subsection (c) and any other information submitted in writing by the insured or
			 the insured's authorized representative pursuant to K.A.R. 40-4-42b .
(f)
(1) Upon
			 receipt of the information required to be forwarded pursuant to subsection (e),
			 the insurer may reconsider its adverse decision that is the subject of the
			 external review.
(2)
			 Reconsideration by the insurer of its adverse decision as provided in paragraph
			 (f)(1) shall not delay or terminate the external review.
(3) The external review may be terminated
			 only if the insurer reconsiders its adverse decision and decides to provide
			 coverage or payment for the health care service that is the subject of the
			 adverse decision.
(4)
(A) Immediately upon making the decision to
			 reverse its adverse decision as provided in paragraph (f)(3), the insurer shall
			 notify, in writing, the insured or the insured's authorized representative, the
			 assigned external review organization, and the commissioner of the insurer's
			 decision.
(B) The assigned external
			 review organization shall terminate the external review upon receipt of the
			 notice from the insurer sent pursuant to paragraph (f)(4)(A).
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-42d - Expedited external review

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the insured
			 has an emergency medical condition, as defined in
			 L.
			 1999, Ch. 162, Sec. 6,
			 and amendments thereto, and receives an adverse decision involving that medical
			 condition, the insured or the insured's authorized representative may make a
			 written request for an expedited review with the commissioner at the time the
			 insured receives the adverse decision.
(b) At the time the commissioner receives a
			 request for an expedited external review, a preliminary determination shall
			 immediately be completed by the commissioner to determine the following:
(1) If the individual is or was an insured in
			 the insurance plan at the time the health care service was requested; and
(2) if the health care service
			 that is the subject of the adverse decision reasonably appears to be a covered
			 service under the insured's health insurance plan.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-42e - Minimum qualifications for external review organizations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To be approved
			 under K.A.R. 40-4-42e and
			 L.
			 1999, Ch. 162, Secs. 6
			 through 9, and amendments thereto, to conduct external reviews, an external
			 review organization shall have and maintain written policies and procedures
			 that govern all aspects of both the standard external review process and the
			 expedited external review process set forth in K.A.R. 40-4-42c and K.A.R.
			 40-4-42d and that include at minimum:
(1) A
			 quality assurance mechanism in place that meets the following criteria:
(A) Ensures that external reviews are
			 conducted within the specified time frames and required notices are provided in
			 a timely manner;
(B) ensures the
			 selection of qualified and impartial clinical peer reviewers to conduct
			 external reviews on behalf of the external review organization and suitable
			 matching of reviewers to specific cases;
(C) ensures the confidentiality of medical
			 and treatment records and clinical review criteria; and
(D) ensures that any person employed by or
			 under contract with the external review organization adheres to requirements of
			 L.
			 1999, Ch. 162, Secs. 6
			 through 9, and amendments thereto, and K.A.R. 40-4-42 through 40-4-42g;
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-42f - External review reporting requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An external
			 review organization assigned pursuant to K.A.R. 40-4-42c and 40-4-42d to
			 conduct an external review shall maintain written records in the aggregate and
			 by health carrier on all requests for external review for which it conducted an
			 external review during a calendar year and submit a report to the commissioner
			 as required in paragraph (b)(1) of this regulation.
(b)
(1) Each
			 external review organization required to maintain written records on all
			 requests for external review pursuant to subsection (a) of this regulation for
			 which it was assigned to conduct an external review shall submit to the
			 commissioner, upon request, a report in the format specified by the
			 commissioner.
(2) The report shall
			 include the following, at a minimum, in the aggregate and for each insurer:
(A) The total number of requests for external
			 review;
(B) the number of requests
			 for external review resolved and, of those resolved, the number resolved
			 upholding the adverse decision and number resolved reversing the adverse
			 decision;
(C) the average length
			 of time for resolution;
(D) the
			 number of external reviews pursuant to K.A.R. 40-4-42c(e) that were terminated
			 as the result of a reconsideration by the insurer of its adverse decision after
			 the receipt of additional information from the insured or the insured's
			 authorized representative; and
(E)
			 any other information that the commissioner may request or require.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-42g - Exhaustion of internal review process

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Except as provided in subsection (b) of
			 this regulation, a request for external review pursuant to K.A.R. 40-4-42c and
			 K.A.R. 40-4-42d shall not be made until the insured has exhausted the insurer's
			 internal review process.
(2) An
			 insured shall be considered to have exhausted the insurer's internal review
			 process for the purposes of this regulation if the insured or the insured's
			 authorized representative meets either of the following criteria:
(A) Has filed a request for internal review
			 and received an adverse decision pursuant to the internal review procedures
			 provided by the health insurance plan or insurer; or
(B) except to the extent that the insured or
			 the insured's authorized representative requested or agreed to a delay, has not
			 received a final decision from the insurer within 60 days of seeking the
			 internal review.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-43 - Hospital, medical, and surgical expense insurance policies and certificates; prohibiting certain types of discrimination

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A hospital, medical, or surgical expense
			 policy or certificate issued by an insurance company, nonprofit health service
			 corporation, nonprofit medical and hospital service corporation, or health
			 maintenance organization shall not be delivered or issued for delivery in this
			 state on an individual, group, blanket, franchise, or association basis if the
			 amount of benefits payable or a term, condition, or type of coverage is or
			 could be restricted, modified, excluded, or reduced onthe basis of whether both
			 of the following conditions are met:
(1) The
			 insured or prospective insured has been diagnosed with cancer and accepted into
			 a phase I, phase II, phase III, or phase IV clinical trial for
			 cancer.
(2) The treating physician
			 who is providing covered health care services to the insured recommends
			 participation in the clinical trial after determining that participation in the
			 clinical trial has a meaningful potential to benefit the insured.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-6 - Credit insurance; property and liability; insurance sold in connection with the uniform consumer credit code; types

Current through Register Vol. 43, No. 28, July 11, 2024
The following types of insurance shall be authorized for sale:
(a) For motor vehicles:
(1) Fire, theft, windstorm coverage; or
			 comprehensive coverage, including fire, theft and windstorm;
(2) collision coverage with a deductible of
			 $50 or more; and
(3) bodily injury
			 and property damage liability insurance in accordance with
			 K.S.A.
			 16a-4-303.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-8 - Same; vendors single interest

Current through Register Vol. 43, No. 28, July 11, 2024
Insurers are prohibited from selling to purchasers, or
				mortgagors of automobile vendors, single interest coverages including loss by
				wrongful conversion, embezzlement, or secretion or any other vendors single
				interest coverage in which a purchaser or mortgagor has no insurable interest.
				When a vendor single interest coverage is included in an insurance policy
				covering the interest of a purchaser or mortgagor, the insurance contract shall
				clearly indicate that the premium for the vendor single interest coverage has
				been charged to the vendor or mortgagee.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-9 - Credit insurance; fire, casualty and allied lines; mortgagors and mortgagees; conditional sales vendors; and vendors; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All insurers
			 writing insurance specified in Kansas Statutes Annotated, chapter 40, articles
			 9, 10, 11, 12, and 16 shall be prohibited from issuing policies covering the
			 interests of a mortgagor and a mortgagee or conditional sales vendor where the
			 mortgagee or conditional sales vendor is, in any manner, the named insured on
			 the policy.
(b) The policy shall
			 be issued only in the name of the mortgagor and mortgagee or conditional sales
			 vendor's interest in the policy shall be limited to participation in recoveries
			 under the perils insured as its interest may appear.
(c) The mortgagee or conditional sales vendor
			 shall not be entitled to the return of unearned premium unless the insurer has
			 notice of assignment of unearned premium by the mortgagor to the mortgagee or
			 conditional sales vendor.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-10 - Credit insurance; fire and extended coverage; issuance for single indivisible premium; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Fire and extended coverage insurance permitted by Kansas
				administrative regulation 40-5-6 may be issued for a single indivisible premium
				subject to the following requirements:
(a) The location of the property insured
			 shall be extended by the policy provisions to insure the property at any
			 location within the continental limits of the United States.
(b) The maximum amount of insurance permitted
			 under this policy shall not exceed $10,000.
(c) The insurer shall be required to obtain a
			 statement from the insured that indicates all of the following:
(1) No other valid and collectible insurance
			 on the insured property exists.
(2) The purchase of insurance from any
			 insurer or agent was the choice of the insured.
(3) The purchase of insurance in connection
			 with the credit transaction is entirely voluntary and not a prerequisite to the
			 extension of credit.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-12 - Consumer credit insurance; termination of coverage; prohibited contractual provisions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A policy or
			 certificate of consumer credit insurance as defined in
			 K.S.A.
			 16a-4-103, that may be issued, delivered,
			 renewed or continued within or outside this state covering residents of this
			 state, shall not contain provisions which permit coverage to be terminated by
			 the insurer with respect to any policyholder, certificate holder or other
			 insured person unless:
(1) The policy or
			 certificate is formally and specifically terminated;
(2) the insured and any affected certificate
			 holder is provided not less than ten days written notice of termination; and
(3) any unearned premium is
			 returned to the borrower or credited to the account of the consumer as required
			 by K.S.A. 16a-4-108.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-102 - Consumer credit insurance; definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Credit life
			 insurance" means insurance on the life of a consumer pursuant to or in
			 connection with a consumer credit transaction.
(b) "Credit accident and health insurance"
			 means insurance, written in connection with a consumer credit transaction, to
			 provide benefits in the event of disability of a consumer.
(c) "Claims incurred" means claims actually
			 paid during the year, appropriately adjusted for the yearly change in claim
			 reserves, including reserves for reported claims in process of settlement and
			 claims incurred but not reported.
(d) "Claims" means benefits payable on death
			 or disability excluding loss adjustment expense, claims settlement costs, or
			 other additions of any kind.
(e)
			 "Premiums earned" means the total gross premiums which become due to the
			 insurance company, without reduction of any kind, except the premiums refunded
			 or adjusted on account of termination of coverage, and appropriately adjusted
			 for changes in gross unearned premiums in force upon a pro rata basis or a "sum
			 of the digits" basis consistent with K.A.R. 40-5-108(a).
(f) "Commissioner" means the commissioner of
			 insurance of the state of Kansas.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-103 - Same; rights and treatment of consumers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Multiple plans
			 of insurance. If a creditor makes available to consumers more than one plan of
			 credit life insurance, or more than one plan of credit accident and health
			 insurance, all appropriate consumers shall be informed of all available plans.
(b) Substitution. When a creditor
			 requires credit life insurance, credit accident and health insurance, or both,
			 as additional security for an indebtedness, the debtor shall be given the
			 option of furnishing the required amount of insurance through existing policies
			 of insurance, or procuring and furnishing the required coverage through any
			 insurer authorized to transact insurance business in this state. In such a
			 case, the debtor shall be informed by the creditor of the right to provide
			 alternative coverage before the transaction is completed.
(c) Evidence of coverage.
(1) All consumer credit insurance shall be
			 evidenced by an individual policy, or in the case of group insurance, by a
			 certificate of insurance. The individual policy or certificate of insurance
			 shall be delivered to the consumer in accordance with
			 K.S.A.
			 16a-4-105.
(2) Policy provisions.
(A) Each insurance policy or certificate used
			 in connection with a loan or credit transaction shall contain:
(i) the name and home office address of the
			 insurer;
(ii) the name or names of
			 the debtor;
(iii) the premium, or
			 amount of payment by the debtor, if any, for credit life insurance and for
			 credit accident and health insurance;
(iv) a statement specifying when the
			 insurance of the debtor will become effective and its termination conditions,
			 or the month, day, and year the insurance begins and terminates;
(v) any exceptions, limitations, or
			 restrictions; and
(vi) a statement
			 that the life of the debtor is insured under the policy and that any death
			 benefit paid by reason of death of the debtor shall be applied first to reduce
			 or extinguish the indebtedness.
(B) In addition to the requirements of
			 paragraph (A), each insurance policy issued in connection with a credit
			 transaction or loan shall set forth the kind or kinds of insurance included,
			 the coverages, and all the terms, exceptions, limitations, restrictions, and
			 conditions of the contract or contracts of insurance. Certificates shall
			 contain all provisions of the master policy applicable to the debtor.
(C) The requirements of paragraph
			 (2) are in addition to other requirements imposed by law concerning policy
			 forms and their approval.
(3) Settlement of claims. Separate credit
			 life insurance payments shall be made to the creditor, beneficiary, and to the
			 named second beneficiary, if any, as their interests may appear. If the policy
			 contains no provision for the designation of a second beneficiary, the
			 insurance shall go to the estate of the insured. Each payment made to the
			 creditor shall reduce the indebtedness.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-104 - Same; coverage without separate charge

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If no separate
			 charge is made to the consumer for consumer credit insurance, the consumer
			 shall be charged a specific amount for insurance if an identifiable charge for
			 insurance is disclosed in the credit or other instrument furnished the consumer
			 setting out the financial elements of the credit transactions, or if there is a
			 differential in the finance charge (as defined in section
			 16a-1-301(19) )
			 made to consumers in like circumstances, except for their insured or
			 non-insured status.
(b) The rate
			 standards set out in K.A.R. 40-5-107 shall apply to the premiums for consumer
			 credit insurance. The insurer issuing the coverage must obtain form and rate
			 approval by the commissioner.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-105 - Same; filing requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each policy
			 form, certificate of insurance, notice of proposed insurance, application for
			 insurance, endorsement, and rider to be delivered or issued for delivery in
			 this state and the schedule of premium rates or charges pertaining thereto
			 shall be filed with the commissioner as required by
			 K.S.A.
			 16a-4-203 (UCCC), including those approved
			 prior to the effective date of this regulation.
(b) Each filing shall be accompanied by
			 supporting information which establishes that the rates meet the standards set
			 out in K.A.R. 40-5-107 or are the actuarial equivalent.
(c) When forms providing benefits as
			 described in K.A.R. 40-5-107 are filed at or below the rates described,
			 supporting information shall not be submitted.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-107 - Same; credit insurance rates and forms

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The basic test
			 of the reasonableness of the relation of benefits to the premium charges shall
			 be an anticipated loss ratio of "claims incurred" to "premiums earned" of not
			 less than 50 percent. Due consideration shall be given to a reasonable
			 allowance for expenses.
(b)
			 Benefits shall not be reasonable in relation to the premium charged if the
			 premiums or premium rates filed with the commissioner exceed the following, or
			 actuarially equivalent, rates:
(1) Credit
			 life insurance.
(A) For decreasing term life
			 insurance the rate shall not exceed $.65 per $100 insurance per annum;
(B) for joint life insurance the
			 rate shall not exceed one and two-thirds of the appropriate single life rate;
(C) for level term life insurance
			 the rate shall not exceed $1.20 per $100 insurance per annum;
(D) for monthly outstanding balance insurance
			 the rate shall not exceed $1.00 per month per $1,000 of insurance; and
(E) The rates shall be presumed
			 reasonable only if the policies contain:
(i)
			 No exceptions, limitations or exclusions, except for suicide, during the first
			 two years; and
(ii) no age
			 restriction or only age restrictions making ineligible for coverage debtors 65
			 years or over at the time the indebtedness is incurred, or debtors who have
			 attained age 66 years or over on the maturity date of the indebtedness.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-108 - Same; refunds

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Formulas for
			 computing refunds of credit insurance premiums shall be acceptable to the
			 commissioner for coverage as follows:
(1) Pro
			 rata method. The pro rata unearned gross premium method for level term credit
			 life insurance, credit accident and health insurance where the insured is
			 covered for a constant maximum indemnity for a given period of time, after
			 which the maximum indemnity begins to decrease in even amounts per month, and
			 for credit insurance coverages under which premiums are collected from the
			 consumer on a basis other than the single premium basis.
(2) Sum of the digits method. The "rule of
			 78" or "sum of the digits" unearned premium method of coverages other than
			 those included in paragraph (1).
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-109 - Same; experience reports

Current through Register Vol. 43, No. 28, July 11, 2024
Each insurer doing consumer credit insurance business in this
				state shall annually file with the insurance department a report of credit life
				and credit accident and health business written on a calendar year basis. This
				report shall utilize the credit insurance supplement-annual statement blank
				promulgated by the national association of insurance commissioners June 1985.
				The filing shall be made each year not later than the filing date stated on the
				most recently adopted "NAIC Credit Insurance Experience Exhibit Form of 1985,"
				which is hereby adopted by reference.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 5 - CREDIT INSURANCE › Section 40-5-110 - Same; supervision of credit insurance operations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each insurer
			 transacting credit insurance in this state shall be responsible to conduct a
			 reasonable annual review of the procedures of each creditor with respect to
			 credit insurance business to insure compliance with the insurance laws of this
			 state and the regulations promulgated by the commissioner.
(b) The review required in subsection (a)
			 shall include a determination that all of the following conditions are met:
(1) The proper charges are being made by the
			 creditor.
(2) The proper refunds
			 are being made.
(3) All claims are
			 being filed and properly handled.
(4) All amounts of insurance payable on death
			 in excess of the amounts necessary to discharge the indebtedness are properly
			 refunded.
(5) The creditor is
			 promptly and fairly processing complaints concerning credit insurance
			 operations and is maintaining proper procedures for, and records of, the
			 complaints processed.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 7 - AGENTS › Section 40-7-5 - Agents; signatures; powers of attorney; rubber-stamped facsimiles; mechanical devices

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agent
			 licensed by the department shall be prohibited from executing powers of
			 attorney authorizing other individuals to sign policies in the name of the
			 agent.
(b) The placing of the
			 facsimile signature or name and the address of the agent by mechanical means on
			 policies that are issued or sold by or from any vending machine or appliance or
			 any other medium, device, or object designed or used for vending purposes and
			 that provide travel accident coverage only in airports or air terminals shall
			 be acceptable.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 7 - AGENTS › Section 40-7-7 - Agents; resident procedure for obtaining company certification

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The company
			 certification shall be completed to show the company name, the name and address
			 of the agent to be certified, the effective date, and the address of the office
			 submitting the certification.
(b)
			 Company certification shall be made only by an authorized representative of the
			 insurance company or, on and after May 1, 1989, by an authorized representative
			 of a corporation, association, partnership, proprietorship, or other legal
			 entity holding a direct agency appointment from an insurance company.
(c) For purposes of company
			 certification, a licensed director, employee, or nonresident officer of a
			 resident agency shall be deemed to be a resident agent.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 7 - AGENTS › Section 40-7-9 - Agents; change in the information contained on the most recent application for a license

Current through Register Vol. 43, No. 28, July 11, 2024
Each person licensed in this state as an insurance agent shall
				report the following to the commissioner of insurance within 30 days of
				occurrence:
(a) Each disciplinary
			 action on the agent's license or licenses by the insurance regulatory agency of
			 any other state or territory of the United States;
(b) each disciplinary action on an
			 occupational license held by the licensee, other than an insurance agent's
			 license, by the appropriate regulatory authority of this or any other
			 jurisdiction;
(c) each judgment or
			 injunction entered against the licensee on the basis of conduct involving
			 fraud, deceit, or misrepresentation, or a violation of any insurance law;
(d) all details of any conviction
			 of a misdemeanor or felony. The details shall include the name of the arresting
			 agency, the location and date of the arrest, the nature of the charge or
			 charges, the court in which the case was tried, and the disposition rendered by
			 the court. Minor traffic violations may be omitted;
(e) each change in name. If the change of
			 name is effected by court order, a copy of the court order shall be furnished
			 to the commissioner of insurance;
(f) each change in residence address; and
(g) each change in the name or
			 address of the agency with which the agent is associated.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 7 - AGENTS › Section 40-7-11 - Agents; cancellation of licenses or certification; procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Licenses or
			 certifications, or both, shall be cancelled upon written request of the agent.
(b) Certifications shall be
			 cancelled upon written request of insurance companies or corporations,
			 associations, partnerships, sole proprietorships and other legal entities
			 acting as insurance agents and holding a direct agency appointment from an
			 insurance company. The cancellation form prescribed by the commissioner shall
			 be submitted to the department upon termination of the contract of the agent.
			 The requesting entity shall notify the agent of certification cancellation.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 7 - AGENTS › Section 40-7-13 - Agents; scope, subclassification; type and conduct of examinations; reexamination

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The licensing
			 examination for each agent shall test the applicant's knowledge in the
			 following areas:
(1) The laws of Kansas,
			 including:
(A) pertinent provisions of the
			 statutes of Kansas; and
(B) rules
			 and regulations of the insurance department;
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 7 - AGENTS › Section 40-7-19 - Agents; individual records; fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person,
			 company, or organization requesting a paper copy of any verification of license
			 record, duplicate license, certification of home state, or clearance letter
			 from the commissioner shall pay a fee of $10.00.
(b) The fee established by this regulation
			 shall be charged for each document requested and shall not be refunded for any
			 reason.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 7 - AGENTS › Section 40-7-20a - Agents; continuing education; approval of courses; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Definitions.
			 For the purposes of this regulation, the following definitions shall apply:
(1) "Coordinator" means an individual who is
			 responsible for monitoring continuing education offerings.
(2) "Course" means a series of lectures or
			 lessons that deals with a particular subject following a prearranged agenda or
			 study plan and that may culminate in a written examination.
(3) "Instructor" means an individual
			 lecturing in a continuing education offering.
(4) "Licensee," "licensed agent," and "agent"
			 mean a natural person licensed by this state as an agent.
(5) "Person" means a natural person, firm,
			 institution, partnership, corporation, or association.
(6) "Provider" and "providing organization"
			 mean a person or firm offering or providing insurance education.
(7) "Self-study courses" means courses that
			 are primarily delivered or conducted in other than a classroom setting or with
			 on-site instruction and are designed to be completed independently by the
			 student.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 7 - AGENTS › Section 40-7-21 - Agents; examination fee; amount

Current through Register Vol. 43, No. 28, July 11, 2024
On and after May 1, 1989, each person attempting to pass the
				examination shall pay the following fees for each attempt to pass the
				examination:
(a) $62 for each single
			 line examination of 100 items or limited line examination of up to 50 items; or
(b) $85 for each combination
			 examination of 130 items or more covering two or more lines of coverage
			 included in two different classes of insurance as prescribed K.A.R. 40-7-13.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 7 - AGENTS › Section 40-7-25 - Agencies; termination of contract; certification

Current through Register Vol. 43, No. 28, July 11, 2024
The termination of an agency's contract by an insurer shall
				automatically terminate the certification of each individual agent in that
				agency if the certification of each agent is derived solely from the agency's
				certification.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 7 - AGENTS › Section 40-7-26 - Public adjuster; examinations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The public adjuster licensing examination
			 shall test the applicant's knowledge in the following areas:
(1) The laws of Kansas, including the
			 following:
(A) The pertinent provisions of the
			 statutes of Kansas; and
(B) the
			 regulations of the insurance department;
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 7 - AGENTS › Section 40-7-27 - Public adjuster; reporting requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Each person licensed in this state as a public adjuster shall
				report the following to the commissioner of insurance:
(a) Each change in the information submitted
			 on the application within 30 days of the change pursuant to
			 K.S.A.
			 40-5509 and amendments thereto, including the
			 following:
(1) Each change in the public
			 adjuster's name. If the change of name is effected by court order, a copy of
			 the court order shall be furnished to the commissioner of insurance;
(2) each change in the public adjuster's
			 residential and mailing addresses; and
(3) each judgment or injunction entered
			 against the licensee on the basis of conduct involving fraud, deceit,
			 misrepresentation, or a violation of any insurance law; and
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 8 - EXCESS COVERAGE › Section 40-8-2 - Excess line insurance; refusal of admitted carriers; rate differentials; artificial divisions of coverage; portions of risk unacceptable

Current through Register Vol. 43, No. 28, July 11, 2024
Risks which may be written but are declined by admitted
				insurers may be placed with non-admitted insurers in accordance with
				K.S.A.
				40-246b subject to the following conditions:
(a) When the coverage sought would be
			 acceptable as a single contract to admitted insurers, artificial divisions of
			 coverage into two or more proposed contracts shall be prohibited for the
			 purpose of:
(1) Rendering a portion of the
			 coverage unacceptable to admitted companies; or
(2) obtaining a rate advantage upon the
			 entire risk.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 8 - EXCESS COVERAGE › Section 40-8-7 - Excess lines insurance; agents; submission of affidavit required

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The excess
			 lines agent who actually places business with a non-admitted insurer shall file
			 the affidavit and annual statement reporting forms prescribed by the
			 commissioner. Other excess lines agents shall file only the affidavit form
			 prescribed by the commissioner. Each excess line agent shall file the
			 appropriate form or forms with the department, on or before March 1st of each
			 year, and shall include a tax remittance in the amount of 6% of the gross
			 premium for all policies written on risks that were placed during the preceding
			 calendar year.
(1) "Gross premium" means the
			 amount charged to the insured for the insurance procured. When an audit or
			 gross receipts contract requires a deposit premium, the amount collected during
			 the calendar year either as a deposit or partial payment shall be reported on
			 the affidavit and annual statement reporting forms as gross premium for that
			 calendar year. Gross premium shall not include the tax due on the premium nor
			 shall that tax be charged to the insured unless specifically identified and
			 provided for in the policy.
(2)
			 When a policy is renewed or an adjustment, addition, or reduction is made on a
			 risk previously placed, the excess lines agent shall make the appropriate
			 adjusting entry on the annual statement reporting form.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 8 - EXCESS COVERAGE › Section 40-8-7 - Excess lines insurance; agents; submission of affidavit required

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The excess lines agent who actually places
			 business with a non-admitted insurer shall file the affidavit and annual statement
			 reporting forms prescribed by the commissioner. Each excess lines agent shall file
			 the appropriate form or forms with the department, on or before March 1st of each
			 year, and shall include a tax remittance in the amount of 3% of the gross premium
			 for all policies written on risks that were placed during the preceding calendar
			 year. No affidavit or annual statement reporting form is required if no business was
			 placed by the excess lines agent during the preceding calendar year.
(1) "Gross premium" means the amount charged to
			 the insured for the insurance procured. When an audit or gross receipts contract
			 requires a deposit premium, the amount collected during the calendar year either as
			 a deposit or partial payment shall be reported on the affidavit and annual statement
			 reporting forms as gross premium for that calendar year. Gross premium shall not
			 include the tax due on the premium nor shall that tax be charged to the insured
			 unless specifically identified and provided for in the policy.
(2) When a policy is renewed or an adjustment,
			 addition, or reduction is made on a risk previously placed, the excess lines agent
			 shall make the appropriate adjusting entry on the annual statement reporting
			 form.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 8 - EXCESS COVERAGE › Section 40-8-8 - Excess line insurance contracts; signature of agents; required endorsement

Current through Register Vol. 43, No. 28, July 11, 2024
Each insurance contract procured and delivered as excess
				coverage pursuant to
				K.S.A.
				40-246b shall bear the signature of the agent
				who placed the coverage with a non-admitted insurer.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 8 - EXCESS COVERAGE › Section 40-8-10 - Agents; placing risks with employer prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
Any excess line agent shall not place risks or effect insurance
				or reinsurance for themselves, or for the persons, company, or corporation with
				whom the excess line agent is employed.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 8 - EXCESS COVERAGE › Section 40-8-11 - Excess line agents; records required

Current through Register Vol. 43, No. 28, July 11, 2024
The record required to be maintained by each excess lines agent
				pursuant to K.S.A 1985 Supp.
				40-246b shall include the
				following:
(a) A duplicate copy of
			 the combined affidavit-annual statement;
(b) the exact amount of each kind of
			 insurance permitted under this act which has been procured for each assured;
(c) the home address of the
			 insurer and the kind or kinds of insurance effected;
(d) the address of the insured, and a brief
			 description of the property insured;
(e) the insurance cancelled or added, and its
			 premiums; and
(f) a duplicate of
			 the policy with each rider, endorsement, and attachment.
(g) Evidence that the information and consent
			 of the insured required by K.S.A. 1985 Supp.
			 40-246b was provided and obtained.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 9 - ADVERTISING › Section 40-9-1 - Insurance companies; advertising; assets and liabilities; capital; advertisement defined

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Whenever any
			 insurance company doing business in this state advertises its assets, the
			 insurance company shall advertise its liabilities in the same connection and in
			 a manner equally conspicuous. The amount of company liability in an
			 advertisement shall be the amount determined in the manner required in making
			 the annual statements to this department, and the amount of its assets shall be
			 the admitted assets of the company. In the case of a company organized under
			 the laws of a foreign country, its assets shall be considered only the amount
			 deposited with the official of the several states of the union or held by
			 trustees in the United States for the benefit of the policyholders and
			 creditors of the company in the United States.
(b) Each advertisement purporting to show the
			 capital of any insurance company doing business in this state shall exhibit
			 only the amount of capital actually paid up in cash.
(c) Each policy, sign, circular, card, or
			 other means by which public announcements are made, shall be held to be an
			 advertisement within the meaning of K.A.R. 40-9-1.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 9 - ADVERTISING › Section 40-9-100 - Accident and sickness insurance; advertising

Current through Register Vol. 43, No. 28, July 11, 2024
The national association of insurance commissioners'
				"advertisements of accident and sickness insurance model regulation," April
				1999 edition, is hereby adopted by reference, subject to the following
				exceptions:
(a) Section 1 is not
			 adopted.
(b) Section 13 C is not
			 adopted by reference and is replaced with the following language: "An
			 advertisement which is seen or heard in this state shall not directly or
			 indirectly create the impression that the policy being advertised is approved
			 for issuance in the state, unless that is the fact. If the policy is not
			 approved for issuance in this state, that fact shall be disclosed in the
			 advertisement by a statement reading, 'This policy is not available in
			 Kansas.'"
(c) Section 16 A(2) is
			 completed by the insertion of "6" in the space requiring specification of a
			 number of months.
(d) Section 18 B
			 is not adopted.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 10 - FIREFIGHTER'S RELIEF FUND TAX › Section 40-10-1 - Firefighter's relief fund tax; fire marshal tax; companies subject to; amount of premiums taxed

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each insurance
			 company, authorized to transact business in the state of Kansas, that issues a
			 policy which covers the hazard of fire is subject to the firefighter's relief
			 fund tax and the fire marshal tax. Unless a verifiable, separate charge is made
			 for fire coverage, the following portion of the respective policy premiums
			 shall be allocated as fire premium:
(1) 25
			 percent of all premium collected on homeowners multiple-peril policies;
(2) 55 percent of all premium
			 collected on the property coverage section of commercial multiple-peril
			 policies;
(3) 20 percent of all
			 premium collected on aircraft policies;
(4) eight percent of all premium collected on
			 automobile physical damage coverage;
(5) 15 percent of all premium collected on
			 marine policies;
(6) 35 percent of
			 all premium collected on farmowners multiple-peril policies; and
(7) 33 1/3 percent of all premium on all
			 other single premium policies that provide coverage for damage caused by fire
			 and perils other than fire.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 10 - FIREFIGHTER'S RELIEF FUND TAX › Section 40-10-2 - Firefighter's relief association; requirements for participation; procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Members of a
			 fire department who desire to participate in the distribution of firefighter's
			 relief funds shall meet these requirements:
(1) Apply for a charter and incorporate as a
			 not-for-profit corporation;
(2)
			 file with the commissioner of insurance a certified copy of the articles of
			 incorporation of the firefighter's relief association; and
(3) file with the commissioner of insurance
			 evidence of establishment of a fire district within a township or county in
			 accordance with applicable Kansas statutes. This requirement shall not apply to
			 fire departments under the exclusive control of the governing body of an
			 incorporated city.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 10 - FIREFIGHTER'S RELIEF FUND TAX › Section 40-10-5 - Firefighter's relief associations; purchase of insurance; on duty coverage

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 provided in
			 K.S.A.
			 40-1707(b),
			 40-1707(c)(1)(A)
			 and 40-1707(c)(1)(B),
			 and its amendments, any insurance for coverage while on duty which is paid for
			 in whole or in part by a firefighter's relief association from funds paid by
			 the commissioner of insurance shall meet the following conditions:
(1) Each policy shall be purchased, owned and
			 held by the firefighter's relief association.
(2) Each policy shall name the firefighter's
			 relief association as beneficiary of the policy. The policy shall not contain a
			 provision which would permit the beneficiary to be other than a firefighter's
			 relief association.
(3) The policy
			 shall provide that each indemnity shall be paid to the firefighter's relief
			 association.
(4) Except as
			 provided by subsection (b), the policy shall be limited to cover only
			 accidental injuries, diseases, or death resulting from duties as a member of
			 the fire department as set forth in
			 K.S.A.
			 40-1707.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 10 - FIREFIGHTER'S RELIEF FUND TAX › Section 40-10-6 - Firefighter's relief associations; purchase of insurance; 24 hour coverage

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 provided in
			 K.S.A.
			 40-1707(b),
			 40-1707(c)(1)(A)
			 and 40-1707(c)(1)(B),
			 and its amendments, any insurance for 24 hour coverage which is paid in part by
			 a firefighter's relief association from funds paid to it by the commissioner of
			 insurance shall meet the following conditions:
(1) Each policy shall be purchased, owned,
			 and held by the firefighter's relief association.
(2) Except as provided in subsection (b)(4),
			 each policy shall name the firefighter's relief association as the beneficiary
			 of the policy. The policy shall not contain a provision which would permit the
			 beneficiary to be other than a firefighter's relief association.
(3) Except as provided in subsection (b)(4),
			 the insurance policy shall provide that each indemnity shall be paid to the
			 firefighter's relief association.