44-559a.Workers compensation insurance; deductiblesoption; occurrence deductible defined; payment ofdeductible amount by insurer, reimbursement; premium credits; Kansas workerscompensation insurance plan not to require deductiblesoption; group-fund pools may offer deductibles option.(a) Each insurer issuing a policy to assure the payment ofcompensation under the workers compensation act may offer, as a part of thepolicy or as an optional endorsement to the policy, occurrence or perclaimant, or both,deductibles optional to thepolicyholder for benefits, which may include allocated loss adjustmentexpenses, payable under the workers compensation act.An occurrence deductible means a deductible that applies only once to asingle accident, as defined in subsection (d) of K.S.A. 44-508, and amendmentsthereto, regardless of the number of workers injured in that accident.
(b) The insurer shall pay all or part of the deductible amount, whichever isapplicable to a compensable claim, to the person or medical provider entitledto the benefits conferred by the workers compensation act and seekreimbursement from the insured employer for the applicable deductible amount.The payment or nonpayment of deductible amounts by the insured employer to theinsurer shall be treated under the policy insuring the liability for workerscompensation in the same manner as payment or nonpayment of premiums.The insurer may require adequate security to provide for reimbursement of thepaid deductible from the insured. An employer's failure to reimbursedeductible amounts to the insurer shall not cause the deductible amount to bepaid from the workers compensation fund under K.S.A. 44-532a andamendmentsthereto or any other statute. The insurer shall have the right to offsetunpaid deductible amounts against unearned premium, if any, in the event ofcancellation.
(c) Such deductible shall provide premium credits as approved by thecommissioner of insurance, and losses paid by the employer under the deductibleshall not apply in calculating the employer's experience modification.
(d) The commissioner of insurance shall not approve any policy form thatpermits, directly or indirectly, any part of the deductible to be charged to orbe passed on to the worker.
(e) The deductible amounts paid by an employer shall be subject toreimbursement as provided for under K.S.A. 44-567 and amendmentsthereto whenapplicable. All compensation benefits paid by the insurer including thedeductible amounts shall be subject to assessments under K.S.A. 44-566a and74-713 and amendments thereto. The Kansas workers compensation planunderK.S.A. 40-2109 and amendments thereto shall not require deductiblesunderpolicies issued by the plan.
(f) Group-funded worker compensation pools as defined in K.S.A. 44-581, andamendments thereto, and municipal group-funded pools as defined in K.S.A.12-2616, and amendments thereto, may offer deductibles as defined herein usingdeductible rules and premium credits as promulgated by the national council oncompensation insurance and approved by the commissioner.
44-559a.Workers compensation insurance; deductiblesoption; occurrence deductible defined; payment ofdeductible amount by insurer, reimbursement; premium credits; Kansas workerscompensation insurance plan not to require deductiblesoption; group-fund pools may offer deductibles option.(a) Each insurer issuing a policy to assure the payment ofcompensation under the workers compensation act may offer, as a part of thepolicy or as an optional endorsement to the policy, occurrence or perclaimant, or both,deductibles optional to thepolicyholder for benefits, which may include allocated loss adjustmentexpenses, payable under the workers compensation act.An occurrence deductible means a deductible that applies only once to asingle accident, as defined in subsection (d) of K.S.A. 44-508, and amendmentsthereto, regardless of the number of workers injured in that accident.
(b) The insurer shall pay all or part of the deductible amount, whichever isapplicable to a compensable claim, to the person or medical provider entitledto the benefits conferred by the workers compensation act and seekreimbursement from the insured employer for the applicable deductible amount.The payment or nonpayment of deductible amounts by the insured employer to theinsurer shall be treated under the policy insuring the liability for workerscompensation in the same manner as payment or nonpayment of premiums.The insurer may require adequate security to provide for reimbursement of thepaid deductible from the insured. An employer's failure to reimbursedeductible amounts to the insurer shall not cause the deductible amount to bepaid from the workers compensation fund under K.S.A. 44-532a andamendmentsthereto or any other statute. The insurer shall have the right to offsetunpaid deductible amounts against unearned premium, if any, in the event ofcancellation.
(c) Such deductible shall provide premium credits as approved by thecommissioner of insurance, and losses paid by the employer under the deductibleshall not apply in calculating the employer's experience modification.
(d) The commissioner of insurance shall not approve any policy form thatpermits, directly or indirectly, any part of the deductible to be charged to orbe passed on to the worker.
(e) The deductible amounts paid by an employer shall be subject toreimbursement as provided for under K.S.A. 44-567 and amendmentsthereto whenapplicable. All compensation benefits paid by the insurer including thedeductible amounts shall be subject to assessments under K.S.A. 44-566a and74-713 and amendments thereto. The Kansas workers compensation planunderK.S.A. 40-2109 and amendments thereto shall not require deductiblesunderpolicies issued by the plan.
(f) Group-funded worker compensation pools as defined in K.S.A. 44-581, andamendments thereto, and municipal group-funded pools as defined in K.S.A.12-2616, and amendments thereto, may offer deductibles as defined herein usingdeductible rules and premium credits as promulgated by the national council oncompensation insurance and approved by the commissioner.
44-559a.Workers compensation insurance; deductiblesoption; occurrence deductible defined; payment ofdeductible amount by insurer, reimbursement; premium credits; Kansas workerscompensation insurance plan not to require deductiblesoption; group-fund pools may offer deductibles option.(a) Each insurer issuing a policy to assure the payment ofcompensation under the workers compensation act may offer, as a part of thepolicy or as an optional endorsement to the policy, occurrence or perclaimant, or both,deductibles optional to thepolicyholder for benefits, which may include allocated loss adjustmentexpenses, payable under the workers compensation act.An occurrence deductible means a deductible that applies only once to asingle accident, as defined in subsection (d) of K.S.A. 44-508, and amendmentsthereto, regardless of the number of workers injured in that accident.
(b) The insurer shall pay all or part of the deductible amount, whichever isapplicable to a compensable claim, to the person or medical provider entitledto the benefits conferred by the workers compensation act and seekreimbursement from the insured employer for the applicable deductible amount.The payment or nonpayment of deductible amounts by the insured employer to theinsurer shall be treated under the policy insuring the liability for workerscompensation in the same manner as payment or nonpayment of premiums.The insurer may require adequate security to provide for reimbursement of thepaid deductible from the insured. An employer's failure to reimbursedeductible amounts to the insurer shall not cause the deductible amount to bepaid from the workers compensation fund under K.S.A. 44-532a andamendmentsthereto or any other statute. The insurer shall have the right to offsetunpaid deductible amounts against unearned premium, if any, in the event ofcancellation.
(c) Such deductible shall provide premium credits as approved by thecommissioner of insurance, and losses paid by the employer under the deductibleshall not apply in calculating the employer's experience modification.
(d) The commissioner of insurance shall not approve any policy form thatpermits, directly or indirectly, any part of the deductible to be charged to orbe passed on to the worker.
(e) The deductible amounts paid by an employer shall be subject toreimbursement as provided for under K.S.A. 44-567 and amendmentsthereto whenapplicable. All compensation benefits paid by the insurer including thedeductible amounts shall be subject to assessments under K.S.A. 44-566a and74-713 and amendments thereto. The Kansas workers compensation planunderK.S.A. 40-2109 and amendments thereto shall not require deductiblesunderpolicies issued by the plan.
(f) Group-funded worker compensation pools as defined in K.S.A. 44-581, andamendments thereto, and municipal group-funded pools as defined in K.S.A.12-2616, and amendments thereto, may offer deductibles as defined herein usingdeductible rules and premium credits as promulgated by the national council oncompensation insurance and approved by the commissioner.
