State Codes and Statutes
Statutes > Kansas > Chapter40 > Article22 > Statutes_1777540-2221a
40-2221a. Same; notice required prior totermination; reinstatement.(a) Except as otherwise provided in K.S.A. 40-2221b, no medicaresupplement policy of insurance, as defined by the commissioner of insuranceby rules and regulations, issued or delivered inthis state shall be terminatedforfailure to pay premiums when due unless the insurer sends to the insured anotice, addressed to the insured's last address ofrecord withsuch insurer, indicating the policy terminated due to failure topay the required premium as of the premium due date.Such notice shall be enclosed in an envelopeon the front of which the following language appears in bold-faced type in aconspicuous place:IMPORTANT---PREMIUM RENEWAL NOTICE ENCLOSED.Such notice shall besent no later than 45 days following the date on which premium was due, andshall inform the insured of the amount of premium that would be required to reinstate the policy and of the time within which such premium must beremitted to the insurer to effect such reinstatement. Except asprovided in subsection (b), upon payment of therequired premium by the insured to the insurer within 45 days of theinsurer's having mailed such notice, the policy shall be automaticallyreinstated as continuous coverage without lapse by the insurer withoutimposing upon the insured any new exclusions, reductions or waiting periodsand without requiring of the insured proof of insurability.
(b) Medicare supplement policies of insurance, as defined by thecommissioner of insurance by rules and regulations, shallbe reinstatedin the event of lapse if theinsurer is provided proof of cognitive impairment or the loss of functionalcapacity withinfive months after terminationand the insured requests such reinstatement. Collectionof past duepremium will be allowed, where appropriate. The standard of proof of cognitiveimpairment orloss of functional capacity shallbe established by clinical diagnosis by a person licensed to practice medicineandsurgery and qualified to make such diagnosis.
History: L. 1988, ch. 159, § 1;L. 1996, ch. 182, § 8; July 1.
