State Codes and Statutes

Statutes > Kansas > Chapter40 > Article22 > Statutes_17752

40-2209e

Chapter 40.--INSURANCE
Article 22.--UNIFORM POLICY PROVISIONS

      40-2209e.   Same; plans subject to act; certain lawsinapplicable to plans; individual policies not subject to act.(a) Any individual or group health benefit plan issued to a group authorizedby subsection (a) of K.S.A. 40-2209 and amendments thereto shall besubject tothe provisions of this act if it provides health care benefits coveringemployees of a small employer and if it meets any one of the followingconditions:

      (1)   Any portion of the premium is paid by a small employer, or any coveredindividual, whether through wage adjustments, reimbursement, withholding orotherwise;

      (2)   the health benefit plan is treated by the employer or any of the coveredindividuals as part of a plan or program for the purposes of section 106 orsection 162 of the United States internal revenue code; or

      (3)   with the permission of the board, the carrier elects to renew orcontinue a health benefit plan covering employees of an employer who no longermeets the definition of a "small employer."

      (b)   For purposes of this act an aggregation of two or more small employerscovered under a trust arrangement or a policy issued to an association of smallemployers pursuant to K.S.A. 40-2209 andamendments thereto shall permit employee or member units of more than two butlessthan 51 employees or members and their dependents to participate inany healthbenefit plan to which this act applies. Any group which includes employee ormember units of 50 or fewer employees shall be subject to theprovisions of this act notwithstanding its inclusion of employee or memberunits with more than 50 employees or members.

      (c)     Except as expressly provided in this act, no health benefit planofferedto a small employer shall be subject to:

      (1)   Any law that would inhibit any carrier from contracting with providersor groups of providers with respect to health care services or benefits;

      (2)   any law that would impose any restriction on the ability to negotiatewith providers regarding the level or method of reimbursing care or servicesprovided under the health benefit plan.

      (d)   Individual policies of accident and sickness insuranceissued toindividuals and their dependents totally independent of any group, associationor trust arrangement permitted under K.S.A. 40-2209 and amendmentsthereto shall not be subject to the provisions of this act.

      History:   L. 1992, ch. 200, § 4;L. 1994, ch. 355, § 5;L. 1998, ch. 174, § 7; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article22 > Statutes_17752

40-2209e

Chapter 40.--INSURANCE
Article 22.--UNIFORM POLICY PROVISIONS

      40-2209e.   Same; plans subject to act; certain lawsinapplicable to plans; individual policies not subject to act.(a) Any individual or group health benefit plan issued to a group authorizedby subsection (a) of K.S.A. 40-2209 and amendments thereto shall besubject tothe provisions of this act if it provides health care benefits coveringemployees of a small employer and if it meets any one of the followingconditions:

      (1)   Any portion of the premium is paid by a small employer, or any coveredindividual, whether through wage adjustments, reimbursement, withholding orotherwise;

      (2)   the health benefit plan is treated by the employer or any of the coveredindividuals as part of a plan or program for the purposes of section 106 orsection 162 of the United States internal revenue code; or

      (3)   with the permission of the board, the carrier elects to renew orcontinue a health benefit plan covering employees of an employer who no longermeets the definition of a "small employer."

      (b)   For purposes of this act an aggregation of two or more small employerscovered under a trust arrangement or a policy issued to an association of smallemployers pursuant to K.S.A. 40-2209 andamendments thereto shall permit employee or member units of more than two butlessthan 51 employees or members and their dependents to participate inany healthbenefit plan to which this act applies. Any group which includes employee ormember units of 50 or fewer employees shall be subject to theprovisions of this act notwithstanding its inclusion of employee or memberunits with more than 50 employees or members.

      (c)     Except as expressly provided in this act, no health benefit planofferedto a small employer shall be subject to:

      (1)   Any law that would inhibit any carrier from contracting with providersor groups of providers with respect to health care services or benefits;

      (2)   any law that would impose any restriction on the ability to negotiatewith providers regarding the level or method of reimbursing care or servicesprovided under the health benefit plan.

      (d)   Individual policies of accident and sickness insuranceissued toindividuals and their dependents totally independent of any group, associationor trust arrangement permitted under K.S.A. 40-2209 and amendmentsthereto shall not be subject to the provisions of this act.

      History:   L. 1992, ch. 200, § 4;L. 1994, ch. 355, § 5;L. 1998, ch. 174, § 7; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article22 > Statutes_17752

40-2209e

Chapter 40.--INSURANCE
Article 22.--UNIFORM POLICY PROVISIONS

      40-2209e.   Same; plans subject to act; certain lawsinapplicable to plans; individual policies not subject to act.(a) Any individual or group health benefit plan issued to a group authorizedby subsection (a) of K.S.A. 40-2209 and amendments thereto shall besubject tothe provisions of this act if it provides health care benefits coveringemployees of a small employer and if it meets any one of the followingconditions:

      (1)   Any portion of the premium is paid by a small employer, or any coveredindividual, whether through wage adjustments, reimbursement, withholding orotherwise;

      (2)   the health benefit plan is treated by the employer or any of the coveredindividuals as part of a plan or program for the purposes of section 106 orsection 162 of the United States internal revenue code; or

      (3)   with the permission of the board, the carrier elects to renew orcontinue a health benefit plan covering employees of an employer who no longermeets the definition of a "small employer."

      (b)   For purposes of this act an aggregation of two or more small employerscovered under a trust arrangement or a policy issued to an association of smallemployers pursuant to K.S.A. 40-2209 andamendments thereto shall permit employee or member units of more than two butlessthan 51 employees or members and their dependents to participate inany healthbenefit plan to which this act applies. Any group which includes employee ormember units of 50 or fewer employees shall be subject to theprovisions of this act notwithstanding its inclusion of employee or memberunits with more than 50 employees or members.

      (c)     Except as expressly provided in this act, no health benefit planofferedto a small employer shall be subject to:

      (1)   Any law that would inhibit any carrier from contracting with providersor groups of providers with respect to health care services or benefits;

      (2)   any law that would impose any restriction on the ability to negotiatewith providers regarding the level or method of reimbursing care or servicesprovided under the health benefit plan.

      (d)   Individual policies of accident and sickness insuranceissued toindividuals and their dependents totally independent of any group, associationor trust arrangement permitted under K.S.A. 40-2209 and amendmentsthereto shall not be subject to the provisions of this act.

      History:   L. 1992, ch. 200, § 4;L. 1994, ch. 355, § 5;L. 1998, ch. 174, § 7; July 1.