State Codes and Statutes

Statutes > Kansas > Chapter40 > Article38 > Statutes_18183

40-3822

Chapter 40.--INSURANCE
Article 38.--REGULATION AND REGISTRATION OF ADMINISTRATORS

      40-3822.   Same; definitions.For purposes of this act: (a) "Commissioner" means thecommissioner of insurance asdefined by K.S.A. 40-102 and amendments thereto.

      (b) (1)   "Covered entity" means:

      (A)   A nonprofit hospital or medical service corporation, health insurer,health benefitplan or health maintenance organization;

      (B)   a health program administered by a department or the state in thecapacity of providerof health coverage; or

      (C)   an employer, labor union or other group of persons organized in thestate thatprovides health coverage to covered individuals who are employed or reside inthe state.

      (2)   Covered entity shall not include any:

      (A)   Self-funded plan that is exempt from state regulation pursuant to ERISA;

      (B)   plan issued for coverage for federal employees; or

      (C)   health plan that provides coverage only for accidental injury, specifieddisease,hospital indemnity, medicare supplement, disability income, long-term care orotherlimited benefit health insurance policies and contracts.

      (c)   "Covered person" means a member, policyholder, subscriber, enrollee,beneficiary,dependent or other individual participating in a health benefit plan.

      (d)   "Pharmacy benefits management" means:

      (1)   Any of the following services provided with regard to the administrationof thefollowing pharmacy benefits:

      (A)   Mail service pharmacy;

      (B)   claims processing, retail network management and payment of claims topharmaciesfor prescription drugs dispensed to covered individuals;

      (C)   clinical formulary development and management services;

      (D)   rebate contracting and administration;

      (E)   certain patient compliance, therapeutic intervention and genericsubstitution programs;or

      (F)   disease management programs involving prescription drug utilization; and

      (2) (A)   the procurement of prescription drugs by a prescription benefitsmanager at a negotiated rate for dispensation to covered individuals withinthis state; or

      (B)   the administration or management of prescription drug benefits providedby a covered insurance entity for the benefit of covered individuals.

      (e)   "Pharmacy benefits manager" means a person, business or other entity thatperformspharmacy benefits management. Pharmacy benefits manager includesany person or entity acting in a contractual or employment relationshipfor apharmacy benefits manager in the performance of pharmacy benefits managementfor acovered entity.

      The term "pharmacy benefits manager"shall not include a covered insurance entity.

      (f)   "Person" means an individual, partnership, corporation, organization orother business entity.

      History:   L. 2006, ch. 154, § 2; Apr. 27.

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article38 > Statutes_18183

40-3822

Chapter 40.--INSURANCE
Article 38.--REGULATION AND REGISTRATION OF ADMINISTRATORS

      40-3822.   Same; definitions.For purposes of this act: (a) "Commissioner" means thecommissioner of insurance asdefined by K.S.A. 40-102 and amendments thereto.

      (b) (1)   "Covered entity" means:

      (A)   A nonprofit hospital or medical service corporation, health insurer,health benefitplan or health maintenance organization;

      (B)   a health program administered by a department or the state in thecapacity of providerof health coverage; or

      (C)   an employer, labor union or other group of persons organized in thestate thatprovides health coverage to covered individuals who are employed or reside inthe state.

      (2)   Covered entity shall not include any:

      (A)   Self-funded plan that is exempt from state regulation pursuant to ERISA;

      (B)   plan issued for coverage for federal employees; or

      (C)   health plan that provides coverage only for accidental injury, specifieddisease,hospital indemnity, medicare supplement, disability income, long-term care orotherlimited benefit health insurance policies and contracts.

      (c)   "Covered person" means a member, policyholder, subscriber, enrollee,beneficiary,dependent or other individual participating in a health benefit plan.

      (d)   "Pharmacy benefits management" means:

      (1)   Any of the following services provided with regard to the administrationof thefollowing pharmacy benefits:

      (A)   Mail service pharmacy;

      (B)   claims processing, retail network management and payment of claims topharmaciesfor prescription drugs dispensed to covered individuals;

      (C)   clinical formulary development and management services;

      (D)   rebate contracting and administration;

      (E)   certain patient compliance, therapeutic intervention and genericsubstitution programs;or

      (F)   disease management programs involving prescription drug utilization; and

      (2) (A)   the procurement of prescription drugs by a prescription benefitsmanager at a negotiated rate for dispensation to covered individuals withinthis state; or

      (B)   the administration or management of prescription drug benefits providedby a covered insurance entity for the benefit of covered individuals.

      (e)   "Pharmacy benefits manager" means a person, business or other entity thatperformspharmacy benefits management. Pharmacy benefits manager includesany person or entity acting in a contractual or employment relationshipfor apharmacy benefits manager in the performance of pharmacy benefits managementfor acovered entity.

      The term "pharmacy benefits manager"shall not include a covered insurance entity.

      (f)   "Person" means an individual, partnership, corporation, organization orother business entity.

      History:   L. 2006, ch. 154, § 2; Apr. 27.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article38 > Statutes_18183

40-3822

Chapter 40.--INSURANCE
Article 38.--REGULATION AND REGISTRATION OF ADMINISTRATORS

      40-3822.   Same; definitions.For purposes of this act: (a) "Commissioner" means thecommissioner of insurance asdefined by K.S.A. 40-102 and amendments thereto.

      (b) (1)   "Covered entity" means:

      (A)   A nonprofit hospital or medical service corporation, health insurer,health benefitplan or health maintenance organization;

      (B)   a health program administered by a department or the state in thecapacity of providerof health coverage; or

      (C)   an employer, labor union or other group of persons organized in thestate thatprovides health coverage to covered individuals who are employed or reside inthe state.

      (2)   Covered entity shall not include any:

      (A)   Self-funded plan that is exempt from state regulation pursuant to ERISA;

      (B)   plan issued for coverage for federal employees; or

      (C)   health plan that provides coverage only for accidental injury, specifieddisease,hospital indemnity, medicare supplement, disability income, long-term care orotherlimited benefit health insurance policies and contracts.

      (c)   "Covered person" means a member, policyholder, subscriber, enrollee,beneficiary,dependent or other individual participating in a health benefit plan.

      (d)   "Pharmacy benefits management" means:

      (1)   Any of the following services provided with regard to the administrationof thefollowing pharmacy benefits:

      (A)   Mail service pharmacy;

      (B)   claims processing, retail network management and payment of claims topharmaciesfor prescription drugs dispensed to covered individuals;

      (C)   clinical formulary development and management services;

      (D)   rebate contracting and administration;

      (E)   certain patient compliance, therapeutic intervention and genericsubstitution programs;or

      (F)   disease management programs involving prescription drug utilization; and

      (2) (A)   the procurement of prescription drugs by a prescription benefitsmanager at a negotiated rate for dispensation to covered individuals withinthis state; or

      (B)   the administration or management of prescription drug benefits providedby a covered insurance entity for the benefit of covered individuals.

      (e)   "Pharmacy benefits manager" means a person, business or other entity thatperformspharmacy benefits management. Pharmacy benefits manager includesany person or entity acting in a contractual or employment relationshipfor apharmacy benefits manager in the performance of pharmacy benefits managementfor acovered entity.

      The term "pharmacy benefits manager"shall not include a covered insurance entity.

      (f)   "Person" means an individual, partnership, corporation, organization orother business entity.

      History:   L. 2006, ch. 154, § 2; Apr. 27.