State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2d > Statutes_17151

40-2d01

Chapter 40.--INSURANCE
Article 2d.--HEALTH ORGANIZATION RISK-BASED CAPITAL REQUIREMENTS

      40-2d01.   Risk-based capital requirements;definitions.As used in K.S.A. 40-2d01 through 40-2d30 and amendments thereto:

      (a)   "Adjusted RBC report" means an RBC report which has been adjusted by thecommissioner in accordance with K.S.A. 40-2d04 and amendmentsthereto.

      (b)   "Corrective order" means an order issued by the commissioner specifyingcorrective actions which the commissioner has determined are required.

      (c)   "Domestic health organization" means any health organization which islicensed and organized in this state.

      (d)   "Foreign health organization" means any health organization notdomiciled in this state which is licensed todo business in this state pursuant to articles 19a, 19c or32 of chapter 40 of the KansasStatutes Annotated, and amendments thereto.

      (e)   "NAIC" means the national association of insurance commissioners.

      (f)   "Health organization" means a health maintenance organization, limitedhealth service organization, dental or vision plan, hospital, medical anddental indemnity or service corporation or other managed care organizationlicensed under articles 19a, 19c or 32 of chapter 40 of the Kansas StatutesAnnotated, and amendments thereto. This definition shall not include anorganization that is licensed as either a life and health insurer or a propertyand casualty insurer under articles 4, 5, 9, 10, 11, 12, 12a, 15 or 16 ofchapter 40 of the Kansas Statutes Annotated, and amendments thereto, and thatis otherwise subject to either the life or property and casualty RBCrequirements in K.S.A. 40-2c01 et seq., andamendments thereto.

      (g)   "RBC" means risk-based capital.

      (h)   "RBC instructions" means the risk-based capital instructions for managedcare organizations promulgatedby the NAIC which are in effect on December 31, 1999, or any later version asadopted by the commissioner in rules and regulations.

      (i)   "RBC level" means a health organization's company action level RBC,regulatory action level RBC, authorized control level RBC, or mandatory controllevel RBC where:

      (1)   "Company action level RBC" means, with respect to any healthorganization, the product of 2.0 and its authorized control level RBC;

      (2)   "regulatory action level RBC" means the product of 1.5 and its authorizedcontrol level RBC;

      (3)   "authorized control level RBC" means the number determined under therisk-based capital formula in accordance with the RBC instructions; and

      (4)   "mandatory control level RBC" means the product of .70 and the authorizedcontrol level RBC.

      (j)   "RBC plan" means a comprehensive financial plan containing the elementsspecified in K.S.A. 40-2d05, and amendments thereto. If the commissionerrejects theRBC plan, and it is revised by the health organization, with or without thecommissioner's recommendation, the plan shall be called the "revised RBCplan."

      (k)   "RBC report" means the report required by K.S.A. 40-2d02, 40-2d03 and40-2d04 andamendmentsthereto.

      (l)   "Total adjusted capital" means the sum of:

      (1)   A health organization's capital and surplus as determined in accordancewith the annual financial statements required to be filed under articles 19a,19c or 32 of chapter 40 of the Kansas Statutes Annotated and amendmentsthereto; and

      (2)   such other items, if any, as the RBC instructions may provide.

      (m)   "Commissioner" means the commissioner of insurance.

      History:   L. 2000, ch. 147, § 2; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2d > Statutes_17151

40-2d01

Chapter 40.--INSURANCE
Article 2d.--HEALTH ORGANIZATION RISK-BASED CAPITAL REQUIREMENTS

      40-2d01.   Risk-based capital requirements;definitions.As used in K.S.A. 40-2d01 through 40-2d30 and amendments thereto:

      (a)   "Adjusted RBC report" means an RBC report which has been adjusted by thecommissioner in accordance with K.S.A. 40-2d04 and amendmentsthereto.

      (b)   "Corrective order" means an order issued by the commissioner specifyingcorrective actions which the commissioner has determined are required.

      (c)   "Domestic health organization" means any health organization which islicensed and organized in this state.

      (d)   "Foreign health organization" means any health organization notdomiciled in this state which is licensed todo business in this state pursuant to articles 19a, 19c or32 of chapter 40 of the KansasStatutes Annotated, and amendments thereto.

      (e)   "NAIC" means the national association of insurance commissioners.

      (f)   "Health organization" means a health maintenance organization, limitedhealth service organization, dental or vision plan, hospital, medical anddental indemnity or service corporation or other managed care organizationlicensed under articles 19a, 19c or 32 of chapter 40 of the Kansas StatutesAnnotated, and amendments thereto. This definition shall not include anorganization that is licensed as either a life and health insurer or a propertyand casualty insurer under articles 4, 5, 9, 10, 11, 12, 12a, 15 or 16 ofchapter 40 of the Kansas Statutes Annotated, and amendments thereto, and thatis otherwise subject to either the life or property and casualty RBCrequirements in K.S.A. 40-2c01 et seq., andamendments thereto.

      (g)   "RBC" means risk-based capital.

      (h)   "RBC instructions" means the risk-based capital instructions for managedcare organizations promulgatedby the NAIC which are in effect on December 31, 1999, or any later version asadopted by the commissioner in rules and regulations.

      (i)   "RBC level" means a health organization's company action level RBC,regulatory action level RBC, authorized control level RBC, or mandatory controllevel RBC where:

      (1)   "Company action level RBC" means, with respect to any healthorganization, the product of 2.0 and its authorized control level RBC;

      (2)   "regulatory action level RBC" means the product of 1.5 and its authorizedcontrol level RBC;

      (3)   "authorized control level RBC" means the number determined under therisk-based capital formula in accordance with the RBC instructions; and

      (4)   "mandatory control level RBC" means the product of .70 and the authorizedcontrol level RBC.

      (j)   "RBC plan" means a comprehensive financial plan containing the elementsspecified in K.S.A. 40-2d05, and amendments thereto. If the commissionerrejects theRBC plan, and it is revised by the health organization, with or without thecommissioner's recommendation, the plan shall be called the "revised RBCplan."

      (k)   "RBC report" means the report required by K.S.A. 40-2d02, 40-2d03 and40-2d04 andamendmentsthereto.

      (l)   "Total adjusted capital" means the sum of:

      (1)   A health organization's capital and surplus as determined in accordancewith the annual financial statements required to be filed under articles 19a,19c or 32 of chapter 40 of the Kansas Statutes Annotated and amendmentsthereto; and

      (2)   such other items, if any, as the RBC instructions may provide.

      (m)   "Commissioner" means the commissioner of insurance.

      History:   L. 2000, ch. 147, § 2; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2d > Statutes_17151

40-2d01

Chapter 40.--INSURANCE
Article 2d.--HEALTH ORGANIZATION RISK-BASED CAPITAL REQUIREMENTS

      40-2d01.   Risk-based capital requirements;definitions.As used in K.S.A. 40-2d01 through 40-2d30 and amendments thereto:

      (a)   "Adjusted RBC report" means an RBC report which has been adjusted by thecommissioner in accordance with K.S.A. 40-2d04 and amendmentsthereto.

      (b)   "Corrective order" means an order issued by the commissioner specifyingcorrective actions which the commissioner has determined are required.

      (c)   "Domestic health organization" means any health organization which islicensed and organized in this state.

      (d)   "Foreign health organization" means any health organization notdomiciled in this state which is licensed todo business in this state pursuant to articles 19a, 19c or32 of chapter 40 of the KansasStatutes Annotated, and amendments thereto.

      (e)   "NAIC" means the national association of insurance commissioners.

      (f)   "Health organization" means a health maintenance organization, limitedhealth service organization, dental or vision plan, hospital, medical anddental indemnity or service corporation or other managed care organizationlicensed under articles 19a, 19c or 32 of chapter 40 of the Kansas StatutesAnnotated, and amendments thereto. This definition shall not include anorganization that is licensed as either a life and health insurer or a propertyand casualty insurer under articles 4, 5, 9, 10, 11, 12, 12a, 15 or 16 ofchapter 40 of the Kansas Statutes Annotated, and amendments thereto, and thatis otherwise subject to either the life or property and casualty RBCrequirements in K.S.A. 40-2c01 et seq., andamendments thereto.

      (g)   "RBC" means risk-based capital.

      (h)   "RBC instructions" means the risk-based capital instructions for managedcare organizations promulgatedby the NAIC which are in effect on December 31, 1999, or any later version asadopted by the commissioner in rules and regulations.

      (i)   "RBC level" means a health organization's company action level RBC,regulatory action level RBC, authorized control level RBC, or mandatory controllevel RBC where:

      (1)   "Company action level RBC" means, with respect to any healthorganization, the product of 2.0 and its authorized control level RBC;

      (2)   "regulatory action level RBC" means the product of 1.5 and its authorizedcontrol level RBC;

      (3)   "authorized control level RBC" means the number determined under therisk-based capital formula in accordance with the RBC instructions; and

      (4)   "mandatory control level RBC" means the product of .70 and the authorizedcontrol level RBC.

      (j)   "RBC plan" means a comprehensive financial plan containing the elementsspecified in K.S.A. 40-2d05, and amendments thereto. If the commissionerrejects theRBC plan, and it is revised by the health organization, with or without thecommissioner's recommendation, the plan shall be called the "revised RBCplan."

      (k)   "RBC report" means the report required by K.S.A. 40-2d02, 40-2d03 and40-2d04 andamendmentsthereto.

      (l)   "Total adjusted capital" means the sum of:

      (1)   A health organization's capital and surplus as determined in accordancewith the annual financial statements required to be filed under articles 19a,19c or 32 of chapter 40 of the Kansas Statutes Annotated and amendmentsthereto; and

      (2)   such other items, if any, as the RBC instructions may provide.

      (m)   "Commissioner" means the commissioner of insurance.

      History:   L. 2000, ch. 147, § 2; July 1.