40-2256.Health benefit plan.(a) The provisions of this section and the incomewithholding act shall apply to all health benefit plans, as defined in thissection, which are administered in this state, including, but not limited to,all health benefit plans governed by the federal employee retirement incomesecurity act (29 U.S.C. § 1161 et seq.), except to the extentspecifically preempted by federal law, and to all employers, sponsors and otheradministrators of health benefit plans doing business in this state.
(b) As used in this section:
(1) "Health benefit plan" means any benefit plan, other than publicassistance, which is able to provide hospital, surgical, medical, dental or anyother health care or benefits for a child, whether through insurance orotherwise, and which is available through a parent's employment or other groupplan.
(2) "Participating parent" means a parent who is eligible for singlecoverage under a health benefit plan as defined in this section, regardless ofthe typeof coverage actually in effect, if any.
(3) "Nonparticipating parent" means, if one parent is a participating parentas defined in this section, the other parent.
(c) No employer, sponsor or other administrator of a health benefit planshall deny enrollment of a child under the health coverage of the child'sparent on the basis that: (1) The child was born out of wedlock; (2) the childis not claimed as a dependent on the parent's federal income tax return; (3)the child does not reside with the parent or in the plan's service area; or (4)the child is receiving, is eligible for or may become eligible for medicalassistance.
(d) (1) A health benefit plan, in determining or making any payment forbenefits of a child who is a participant or beneficiary under the plan, shallnot take into account the fact that the child is receiving, is eligible for ormay become eligible for medical assistance pursuant to Title XIX of the federalsocial security act.
(2) A health benefit plan shall pay for benefits with respect to a child whois a participant or beneficiary under the plan in accordance with anyassignment of rights made by or on behalf of the child as required by K.S.A.39-709 and amendments thereto or by another state's plan for medical assistancepursuant toTitle XIX of the federal social security act.
(3) A health benefit plan shall not impose requirements on an agency orofficial, assigned the rights of a child eligible for medical assistance underTitle XIX of the federal social security act and covered by the health benefitplan, that are different from requirements applicable to an agent or assigneeof any other individual covered by the health benefit plan.
(4) If payment has been made by the secretary of social and rehabilitationservices for medical assistance and a health benefit plan is liable to pay forany item or service constituting any part of the medical assistance, thehealth benefit plan shall make payment for benefits under the plan to thesecretary of social and rehabilitation services to the extent of thesecretary's rights pursuant to K.S.A. 39-719a and amendments thereto.
(e) In addition to other duties specified in a health benefit plan, when achild is covered by the health benefit plan of a participating parent theemployer, sponsor or other administrator of the health benefit plan: (1) Shallprovide information necessary for the child to obtain benefits to thenonparticipating parent or, upon request, to the nonparticipating parent'sassignee or to a representative designated in a medical withholding order; (2)shall permit the nonparticipating parent, the nonparticipating parent'sassignee, or a provider properly authorized by the nonparticipating parent orassignee to submit claims for covered services without the approval of theparticipating parent; and (3) shall make payment on claims submitted inaccordance with subsection (e)(2) directly to the nonparticipating parent,assignee or provider.
(f) Nothing in this section or the income withholding act and amendmentsthereto shall limit alteration of a health benefit plan'scoverage or terms, so long as the resulting plan meets the requirements of thissection or the income withholding act and amendments thereto.
(g) Any amendment to a health benefit plan required to conform to therequirements of this section or the income withholding act and amendmentsthereto shall not be required to be effective before the firstplan year beginning on or after July 1, 1994, if: (1) During the period fromJuly 1, 1994, until the beginning of the first plan year, the plan is operatedin accordance with the requirements of this section or the income withholdingact and amendments thereto; and (2) the plan amendmentapplies retroactively to July 1, 1994, as well as prospectively. A plan shallnot be treated as failing to be operated in accordance with the provisions ofthe plan merely because it operates in accordance with this subsection.
(h) This section shall be part of and supplemental to chapter 40 of theKansas Statutes Annotated.
40-2256.Health benefit plan.(a) The provisions of this section and the incomewithholding act shall apply to all health benefit plans, as defined in thissection, which are administered in this state, including, but not limited to,all health benefit plans governed by the federal employee retirement incomesecurity act (29 U.S.C. § 1161 et seq.), except to the extentspecifically preempted by federal law, and to all employers, sponsors and otheradministrators of health benefit plans doing business in this state.
(b) As used in this section:
(1) "Health benefit plan" means any benefit plan, other than publicassistance, which is able to provide hospital, surgical, medical, dental or anyother health care or benefits for a child, whether through insurance orotherwise, and which is available through a parent's employment or other groupplan.
(2) "Participating parent" means a parent who is eligible for singlecoverage under a health benefit plan as defined in this section, regardless ofthe typeof coverage actually in effect, if any.
(3) "Nonparticipating parent" means, if one parent is a participating parentas defined in this section, the other parent.
(c) No employer, sponsor or other administrator of a health benefit planshall deny enrollment of a child under the health coverage of the child'sparent on the basis that: (1) The child was born out of wedlock; (2) the childis not claimed as a dependent on the parent's federal income tax return; (3)the child does not reside with the parent or in the plan's service area; or (4)the child is receiving, is eligible for or may become eligible for medicalassistance.
(d) (1) A health benefit plan, in determining or making any payment forbenefits of a child who is a participant or beneficiary under the plan, shallnot take into account the fact that the child is receiving, is eligible for ormay become eligible for medical assistance pursuant to Title XIX of the federalsocial security act.
(2) A health benefit plan shall pay for benefits with respect to a child whois a participant or beneficiary under the plan in accordance with anyassignment of rights made by or on behalf of the child as required by K.S.A.39-709 and amendments thereto or by another state's plan for medical assistancepursuant toTitle XIX of the federal social security act.
(3) A health benefit plan shall not impose requirements on an agency orofficial, assigned the rights of a child eligible for medical assistance underTitle XIX of the federal social security act and covered by the health benefitplan, that are different from requirements applicable to an agent or assigneeof any other individual covered by the health benefit plan.
(4) If payment has been made by the secretary of social and rehabilitationservices for medical assistance and a health benefit plan is liable to pay forany item or service constituting any part of the medical assistance, thehealth benefit plan shall make payment for benefits under the plan to thesecretary of social and rehabilitation services to the extent of thesecretary's rights pursuant to K.S.A. 39-719a and amendments thereto.
(e) In addition to other duties specified in a health benefit plan, when achild is covered by the health benefit plan of a participating parent theemployer, sponsor or other administrator of the health benefit plan: (1) Shallprovide information necessary for the child to obtain benefits to thenonparticipating parent or, upon request, to the nonparticipating parent'sassignee or to a representative designated in a medical withholding order; (2)shall permit the nonparticipating parent, the nonparticipating parent'sassignee, or a provider properly authorized by the nonparticipating parent orassignee to submit claims for covered services without the approval of theparticipating parent; and (3) shall make payment on claims submitted inaccordance with subsection (e)(2) directly to the nonparticipating parent,assignee or provider.
(f) Nothing in this section or the income withholding act and amendmentsthereto shall limit alteration of a health benefit plan'scoverage or terms, so long as the resulting plan meets the requirements of thissection or the income withholding act and amendments thereto.
(g) Any amendment to a health benefit plan required to conform to therequirements of this section or the income withholding act and amendmentsthereto shall not be required to be effective before the firstplan year beginning on or after July 1, 1994, if: (1) During the period fromJuly 1, 1994, until the beginning of the first plan year, the plan is operatedin accordance with the requirements of this section or the income withholdingact and amendments thereto; and (2) the plan amendmentapplies retroactively to July 1, 1994, as well as prospectively. A plan shallnot be treated as failing to be operated in accordance with the provisions ofthe plan merely because it operates in accordance with this subsection.
(h) This section shall be part of and supplemental to chapter 40 of theKansas Statutes Annotated.
40-2256.Health benefit plan.(a) The provisions of this section and the incomewithholding act shall apply to all health benefit plans, as defined in thissection, which are administered in this state, including, but not limited to,all health benefit plans governed by the federal employee retirement incomesecurity act (29 U.S.C. § 1161 et seq.), except to the extentspecifically preempted by federal law, and to all employers, sponsors and otheradministrators of health benefit plans doing business in this state.
(b) As used in this section:
(1) "Health benefit plan" means any benefit plan, other than publicassistance, which is able to provide hospital, surgical, medical, dental or anyother health care or benefits for a child, whether through insurance orotherwise, and which is available through a parent's employment or other groupplan.
(2) "Participating parent" means a parent who is eligible for singlecoverage under a health benefit plan as defined in this section, regardless ofthe typeof coverage actually in effect, if any.
(3) "Nonparticipating parent" means, if one parent is a participating parentas defined in this section, the other parent.
(c) No employer, sponsor or other administrator of a health benefit planshall deny enrollment of a child under the health coverage of the child'sparent on the basis that: (1) The child was born out of wedlock; (2) the childis not claimed as a dependent on the parent's federal income tax return; (3)the child does not reside with the parent or in the plan's service area; or (4)the child is receiving, is eligible for or may become eligible for medicalassistance.
(d) (1) A health benefit plan, in determining or making any payment forbenefits of a child who is a participant or beneficiary under the plan, shallnot take into account the fact that the child is receiving, is eligible for ormay become eligible for medical assistance pursuant to Title XIX of the federalsocial security act.
(2) A health benefit plan shall pay for benefits with respect to a child whois a participant or beneficiary under the plan in accordance with anyassignment of rights made by or on behalf of the child as required by K.S.A.39-709 and amendments thereto or by another state's plan for medical assistancepursuant toTitle XIX of the federal social security act.
(3) A health benefit plan shall not impose requirements on an agency orofficial, assigned the rights of a child eligible for medical assistance underTitle XIX of the federal social security act and covered by the health benefitplan, that are different from requirements applicable to an agent or assigneeof any other individual covered by the health benefit plan.
(4) If payment has been made by the secretary of social and rehabilitationservices for medical assistance and a health benefit plan is liable to pay forany item or service constituting any part of the medical assistance, thehealth benefit plan shall make payment for benefits under the plan to thesecretary of social and rehabilitation services to the extent of thesecretary's rights pursuant to K.S.A. 39-719a and amendments thereto.
(e) In addition to other duties specified in a health benefit plan, when achild is covered by the health benefit plan of a participating parent theemployer, sponsor or other administrator of the health benefit plan: (1) Shallprovide information necessary for the child to obtain benefits to thenonparticipating parent or, upon request, to the nonparticipating parent'sassignee or to a representative designated in a medical withholding order; (2)shall permit the nonparticipating parent, the nonparticipating parent'sassignee, or a provider properly authorized by the nonparticipating parent orassignee to submit claims for covered services without the approval of theparticipating parent; and (3) shall make payment on claims submitted inaccordance with subsection (e)(2) directly to the nonparticipating parent,assignee or provider.
(f) Nothing in this section or the income withholding act and amendmentsthereto shall limit alteration of a health benefit plan'scoverage or terms, so long as the resulting plan meets the requirements of thissection or the income withholding act and amendments thereto.
(g) Any amendment to a health benefit plan required to conform to therequirements of this section or the income withholding act and amendmentsthereto shall not be required to be effective before the firstplan year beginning on or after July 1, 1994, if: (1) During the period fromJuly 1, 1994, until the beginning of the first plan year, the plan is operatedin accordance with the requirements of this section or the income withholdingact and amendments thereto; and (2) the plan amendmentapplies retroactively to July 1, 1994, as well as prospectively. A plan shallnot be treated as failing to be operated in accordance with the provisions ofthe plan merely because it operates in accordance with this subsection.
(h) This section shall be part of and supplemental to chapter 40 of theKansas Statutes Annotated.
