State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_17012

40-2,111

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-2,111.   Definitions.As used in K.S.A. 40-2,111 through 40-2,113, and amendments thereto:(a) "Adverse underwriting decision" means: Any of the following actionswith respect to insurance transactions involving insurance coverage whichis individually underwritten:

      (1)   A declination of insurance coverage;

      (2)   a termination of insurance coverage;

      (3)   an offer to insure at higher than standard rates, with respect tolife, health or disability insurance coverage; or

      (4)   the charging of a higher rate on the basis of information which differsfrom that which the applicant or policyholder furnished, with respect toproperty or casualty insurance coverage.

      (b)   "Declination of insurance coverage" means a denial, in whole or inpart, by an insurance company or agent of requested insurance coverage.

      (c)   "Health care institution" means any medical care facility, adult carehome, drug abuse and alcoholic treatment facility, home-health agency certifiedfor federal reimbursement, mental health center or mental health cliniclicensed by the secretary of social and rehabilitation services, kidneydisease treatment center, county, city-county or multicounty health departmentsand health-maintenance organization.

      (d)   "Health care provider" means any person licensed to practice any branchof the healing arts, licensed dentist, licensed professional nurse, licensedpractical nurse, advanced registered nurse practitioner, licensed optometrist,licensed physical therapist, licensed social worker,licensed physician assistant, licensed podiatrist or licensedpsychologist.

      (e)   "Institutional source" means any natural person, corporation,association,partnership or governmental or other legal entity that provides informationabout an individual to an agent or insurance company, other than:

      (1)   An agent;

      (2)   the individual who is the subject of the information; or

      (3)   a natural person acting in a personal capacity rather than a businessor professional capacity.

      (f)   "Insurance transaction" means any transaction involving insurance,but not including group insurance coverage, primarily for personal, familyor household needs rather than business or professional needs.

      (g)   "Medical-record information" means personal information which:

      (1)   Relates to an individual's physical or mental condition, medical historyor medical treatment; and

      (2)   is obtained from a health care provider or health care institution,from the individual, or from the individual's spouse, parent or legal guardian.

      (h)   "Termination of insurance coverage" or "termination of an insurancepolicy" means either a cancellation, nonrenewal or lapse of an insurancepolicy, in whole or in part, for any reason other than:

      (1)   The failure to pay a premium as required by the policy; or

      (2)   at the request or direction of the insured.

      History:   L. 1981, ch. 190, § 1;L. 1986, ch. 299, § 9;L. 2000, ch. 162, § 15;L. 2003, ch. 128, § 18; Apr. 1, 2004.

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_17012

40-2,111

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-2,111.   Definitions.As used in K.S.A. 40-2,111 through 40-2,113, and amendments thereto:(a) "Adverse underwriting decision" means: Any of the following actionswith respect to insurance transactions involving insurance coverage whichis individually underwritten:

      (1)   A declination of insurance coverage;

      (2)   a termination of insurance coverage;

      (3)   an offer to insure at higher than standard rates, with respect tolife, health or disability insurance coverage; or

      (4)   the charging of a higher rate on the basis of information which differsfrom that which the applicant or policyholder furnished, with respect toproperty or casualty insurance coverage.

      (b)   "Declination of insurance coverage" means a denial, in whole or inpart, by an insurance company or agent of requested insurance coverage.

      (c)   "Health care institution" means any medical care facility, adult carehome, drug abuse and alcoholic treatment facility, home-health agency certifiedfor federal reimbursement, mental health center or mental health cliniclicensed by the secretary of social and rehabilitation services, kidneydisease treatment center, county, city-county or multicounty health departmentsand health-maintenance organization.

      (d)   "Health care provider" means any person licensed to practice any branchof the healing arts, licensed dentist, licensed professional nurse, licensedpractical nurse, advanced registered nurse practitioner, licensed optometrist,licensed physical therapist, licensed social worker,licensed physician assistant, licensed podiatrist or licensedpsychologist.

      (e)   "Institutional source" means any natural person, corporation,association,partnership or governmental or other legal entity that provides informationabout an individual to an agent or insurance company, other than:

      (1)   An agent;

      (2)   the individual who is the subject of the information; or

      (3)   a natural person acting in a personal capacity rather than a businessor professional capacity.

      (f)   "Insurance transaction" means any transaction involving insurance,but not including group insurance coverage, primarily for personal, familyor household needs rather than business or professional needs.

      (g)   "Medical-record information" means personal information which:

      (1)   Relates to an individual's physical or mental condition, medical historyor medical treatment; and

      (2)   is obtained from a health care provider or health care institution,from the individual, or from the individual's spouse, parent or legal guardian.

      (h)   "Termination of insurance coverage" or "termination of an insurancepolicy" means either a cancellation, nonrenewal or lapse of an insurancepolicy, in whole or in part, for any reason other than:

      (1)   The failure to pay a premium as required by the policy; or

      (2)   at the request or direction of the insured.

      History:   L. 1981, ch. 190, § 1;L. 1986, ch. 299, § 9;L. 2000, ch. 162, § 15;L. 2003, ch. 128, § 18; Apr. 1, 2004.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_17012

40-2,111

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-2,111.   Definitions.As used in K.S.A. 40-2,111 through 40-2,113, and amendments thereto:(a) "Adverse underwriting decision" means: Any of the following actionswith respect to insurance transactions involving insurance coverage whichis individually underwritten:

      (1)   A declination of insurance coverage;

      (2)   a termination of insurance coverage;

      (3)   an offer to insure at higher than standard rates, with respect tolife, health or disability insurance coverage; or

      (4)   the charging of a higher rate on the basis of information which differsfrom that which the applicant or policyholder furnished, with respect toproperty or casualty insurance coverage.

      (b)   "Declination of insurance coverage" means a denial, in whole or inpart, by an insurance company or agent of requested insurance coverage.

      (c)   "Health care institution" means any medical care facility, adult carehome, drug abuse and alcoholic treatment facility, home-health agency certifiedfor federal reimbursement, mental health center or mental health cliniclicensed by the secretary of social and rehabilitation services, kidneydisease treatment center, county, city-county or multicounty health departmentsand health-maintenance organization.

      (d)   "Health care provider" means any person licensed to practice any branchof the healing arts, licensed dentist, licensed professional nurse, licensedpractical nurse, advanced registered nurse practitioner, licensed optometrist,licensed physical therapist, licensed social worker,licensed physician assistant, licensed podiatrist or licensedpsychologist.

      (e)   "Institutional source" means any natural person, corporation,association,partnership or governmental or other legal entity that provides informationabout an individual to an agent or insurance company, other than:

      (1)   An agent;

      (2)   the individual who is the subject of the information; or

      (3)   a natural person acting in a personal capacity rather than a businessor professional capacity.

      (f)   "Insurance transaction" means any transaction involving insurance,but not including group insurance coverage, primarily for personal, familyor household needs rather than business or professional needs.

      (g)   "Medical-record information" means personal information which:

      (1)   Relates to an individual's physical or mental condition, medical historyor medical treatment; and

      (2)   is obtained from a health care provider or health care institution,from the individual, or from the individual's spouse, parent or legal guardian.

      (h)   "Termination of insurance coverage" or "termination of an insurancepolicy" means either a cancellation, nonrenewal or lapse of an insurancepolicy, in whole or in part, for any reason other than:

      (1)   The failure to pay a premium as required by the policy; or

      (2)   at the request or direction of the insured.

      History:   L. 1981, ch. 190, § 1;L. 1986, ch. 299, § 9;L. 2000, ch. 162, § 15;L. 2003, ch. 128, § 18; Apr. 1, 2004.