Chapter 40 — INSURANCE
1,749 sections in this chapter.
K.S.A. 40-3120 Reasonable competition and availability of excess coverage unaffected
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40-3120. Reasonable competition and availability of excess coverage unaffected. Nothing in this act shall be construed as prohibiting or discouraging reasonable competition or the availability of motor vehicle liability insurance policies containing coverage exceeding that requir…
K.S.A. 40-3121 Severability; K
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40-3121. Severability; K.S.A. 40-3117 declared nonseverable. If any provisions of this act, or the application thereof to any person or circumstance, is held unconstitutional, the remainder of this act and the application of such provision to other persons or circumstances shall …
K.S.A. 40-3130 Automobile accidents; recovery of noneconomic damages, limitations on; exceptions
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40-3130. Automobile accidents; recovery of noneconomic damages, limitations on; exceptions. (a) Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain personal injury protection benefits coverage mandated by t…
Repealed
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[Repealed or reserved.]
K.S.A. 40-3201 Title
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40-3201. Title. This act may be cited as the health maintenance organization act. History: L. 1974, ch. 181, § 1; July 1. Cross References to Related Sections: Health care access improvement assessments, see 65-6207 et seq. Law Review and Bar Journal References: "Hospitals' Role …
K.S.A. 40-3202 Definitions
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40-3202. Definitions. As used in this act: (a) "Commissioner" means the commissioner of insurance of the state of Kansas. (b) "Basic health care services" means but is not limited to usual physician, hospitalization, laboratory, x-ray, emergency and preventive services and out-of…
K.S.A. 40-3203 Certificate of authority required; application; contents; rules and regulations governing modifications and amendments; approval of commissioner
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40-3203. Certificate of authority required; application; contents; rules and regulations governing modifications and amendments; approval of commissioner. (a) Except as otherwise provided by this act, it shall be unlawful for any person to provide health care services in the mann…
K.S.A. 40-3204 Notice that application incomplete, insufficient or unsatisfactory; issuance of certificate, when
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40-3204. Notice that application incomplete, insufficient or unsatisfactory; issuance of certificate, when. (a) The commissioner shall notify any person filing an application for a certificate of authority within 60 days of such filing if such application is not complete or suffi…
K.S.A. 40-3207 Denial, suspension or revocation of certificate; administrative penalty; notice; hearing
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40-3207. Denial, suspension or revocation of certificate; administrative penalty; notice; hearing. When the commissioner has reasonable cause to believe that grounds for the denial, suspension or revocation of a certificate exists or when the commissioner levies an administrative…
K.S.A. 40-3208 Powers
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40-3208. Powers. (a) The powers of a health maintenance organization or medicare provider organization shall include but not be limited to the following: (1) The purchase, lease, construction, renovation, operation, or maintenance of hospitals, medical facilities, or both, and th…
K.S.A. 40-3209 Certificates of coverage, contracts and other marketing documents, contents, form, filing; continuation and conversion requirements; enrollee not liable to provider for amount owed; application of K.S.A. 40-2209 and 40-2215.
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40-3209. Certificates of coverage, contracts and other marketing documents, contents, form, filing; continuation and conversion requirements; enrollee not liable to provider for amount owed; application of K.S.A. 40-2209 and 40-2215. (a) All forms of group and individual certific…
K.S.A. 40-3209a Repealed
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40-3209a. History: L. 1974, ch. 181, § 9; L. 1988, ch. 162, § 2; Repealed, L. 1990, ch. 172, § 2; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Sc…
K.S.A. 40-3210 Prepaid per capita or aggregate fixed sum contracts authorized
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40-3210. Prepaid per capita or aggregate fixed sum contracts authorized. Any health maintenance organization or medicare provider organization issued a certificate and otherwise in compliance with this act may enter into contracts in this state to provide an agreed upon set of he…
K.S.A. 40-3211 Examination of organizations and providers
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40-3211. Examination of organizations and providers. (a) The commissioner may make an examination of the affairs of any health maintenance organization or medicare provider organization and providers with whom such organization has contracts, agreements or other arrangements as o…
K.S.A. 40-3212 Filings and reports as public documents
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40-3212. Filings and reports as public documents. Except as provided by K.S.A. 40-3211 and 40-3226, all applications, filings and reports required under this act shall be treated as public documents. History: L. 1974, ch. 181, § 12; July 1. Previous | Next LEGISLATIVE COORDINATIN…
K.S.A. 40-3213 Authorization of commissioner to set and publish fees; disposition of moneys; reporting requirements; payment of estimated fees owed; reconciliation of actual fees owed.
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40-3213. Authorization of commissioner to set and publish fees; disposition of moneys; reporting requirements; payment of estimated fees owed; reconciliation of actual fees owed. (a) (1) Every health maintenance organization and medicare provider organization subject to this act …
K.S.A. 40-3214 Construction and relationship to other laws
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40-3214. Construction and relationship to other laws. Except as otherwise provided in this act, health maintenance organizations and medicare provider organizations certificated under the provisions of this act shall not be subject to regulation under articles 18, 19 and 19a of c…
K.S.A. 40-3215 Rules and regulations
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40-3215. Rules and regulations. The commissioner shall promulgate rules and regulations necessary to carry out the provisions of this act. History: L. 1974, ch. 181, § 15; L. 1998, ch. 174, § 23; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archi…
K.S.A. 40-3216 Penalty
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40-3216. Penalty. Any person who violates any provision of this act or any rule or regulation issued pursuant thereto shall be guilty of a class C misdemeanor. History: L. 1974, ch. 181, § 16; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived…
K.S.A. 40-3217 Repealed
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40-3217. History: L. 1974, ch. 181, § 17; Repealed, L. 2025, ch. 87, § 39; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …
K.S.A. 40-3218 Contractual designation of persons to make recommended findings to commissioner
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40-3218. Contractual designation of persons to make recommended findings to commissioner. The commissioner in carrying out his obligations under the provisions of this act may by agreement or by contract designate qualified persons to make recommendations concerning the findings …
K.S.A. 40-3219 Effect of act on federal assistance
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40-3219. Effect of act on federal assistance. Nothing in this act shall prohibit any health maintenance organization or medicare provider organization from meeting the requirements of any federal law which would authorize the health maintenance organization or medicare provider o…
K.S.A. 40-3220 Annual report
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40-3220. Annual report. Every health maintenance organization and medicare provider organization authorized under this act shall annually on or before the first day of March, file a verified report with the commissioner, showing its condition on the last day of the preceding cale…
K.S.A. 40-3221 Liability of officers
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40-3221. Liability of officers. Any person who is an officer or principal managing director of the affairs of a health maintenance organization or medicare provider organization shall be fully and personally liable and accountable for any willful and intentional violations of the…
K.S.A. 40-3222 Use of certain words and initials prohibited
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40-3222. Use of certain words and initials prohibited. No person shall use in its name, contracts or literature the phrase "health maintenance organization" or the initials HMO unless such person is certified under the provisions of this act. History: L. 1974, ch. 181, § 22; July…
K.S.A. 40-3223 Open enrollment
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40-3223. Open enrollment. (a) After a health maintenance organization has been in operation twenty-four (24) months, it may have an annual open enrollment period of at least one month during which it accepts enrollees up to the limits of its capacity, as determined by the health …
K.S.A. 40-3224 Investments
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40-3224. Investments. With the exception of investments made in accordance with other provisions of this act, the investable funds of a health maintenance organization shall be invested only in securities or other instruments permitted by article 2a of chapter 40 of the Kansas St…
K.S.A. 40-3225 Fiduciary responsibilities; fidelity bond or insurance
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40-3225. Fiduciary responsibilities; fidelity bond or insurance. (a) Any director, officer or partner of a health maintenance organization or medicare provider organization who receives, collects, disburses or invests funds in connection with the activities of such organization s…
K.S.A. 40-3226 Confidentiality of medical information
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40-3226. Confidentiality of medical information. (a) Notwithstanding the provisions of K.S.A. 40-3212, and amendments thereto, any data or information pertaining to the diagnosis, treatment or health of any enrollee or applicant obtained from such person or from any provider by a…
K.S.A. 40-3227 Deposit requirements; waiver of deposit; plan for continuation of benefits following insolvency
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40-3227. Deposit requirements; waiver of deposit; plan for continuation of benefits following insolvency. (a) Except as provided in paragraph (e), before issuing any certificate of authority, the commissioner shall require that the health maintenance organization have an initial …
K.S.A. 40-3228 Grievance procedures; minimum requirements
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40-3228. Grievance procedures; minimum requirements. A health maintenance organization shall provide in its certificate of coverage the procedures for resolving enrollee grievances. At a minimum, the certificate of coverage shall include the following provisions: (a) The definiti…
K.S.A. 40-3229 Prior authorization requirements for emergency medical treatment; duties and responsibilities of organization, enrollees and participating providers; resolution of disputes.
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40-3229. Prior authorization requirements for emergency medical treatment; duties and responsibilities of organization, enrollees and participating providers; resolution of disputes. (a) A health maintenance organization that requires prior authorization before making payment for…
K.S.A. 40-3230 Continuity of treatment upon termination of provider from plan
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40-3230. Continuity of treatment upon termination of provider from plan. A health maintenance organization shall establish reasonable procedures for assuring a transition of enrollees to physicians or health care providers and for continuity of treatment, including providing imme…
K.S.A. 40-3231 Uncovered expenditure deposit; amount; withdrawal, when; commissioner's duties; rules and regulations
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40-3231. Uncovered expenditure deposit; amount; withdrawal, when; commissioner's duties; rules and regulations. (a) If uncovered expenditures exceed 10% of total health care expenditures for two consecutive months, a health maintenance organization shall place an uncovered expend…
K.S.A. 40-3232 Insolvent health maintenance organization; allocation of insureds to other health maintenance organizations, when; eligibility for Kansas uninsurable health insurance plan act, when.
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40-3232. Insolvent health maintenance organization; allocation of insureds to other health maintenance organizations, when; eligibility for Kansas uninsurable health insurance plan act, when. (a) In the event of an insolvency of a health maintenance organization, the commissioner…
K.S.A. 40-3233 Rehabilitation, liquidation or conservation of health maintenance organization; commissioner's powers; priority of enrollee; distribution of assets
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40-3233. Rehabilitation, liquidation or conservation of health maintenance organization; commissioner's powers; priority of enrollee; distribution of assets. (a) A rehabilitation liquidation or conservation of a health maintenance organization shall be deemed to be the rehabilita…
K.S.A. 40-3234 Health maintenance organization; financial condition; hearing; commissioner's powers
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40-3234. Health maintenance organization; financial condition; hearing; commissioner's powers. (a) Whenever the commissioner determines that the financial condition of a health maintenance organization is such that its continued operation might be hazardous to its enrollees, cred…
K.S.A. 40-3235 Health maintenance organization act; provisions supplemental to
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40-3235. Health maintenance organization act; provisions supplemental to. K.S.A. 40-3231 through 40-3234, and amendments thereto, shall be part of and supplemental to the health maintenance organization act cited at K.S.A. 40-3201 et seq., and amendments thereto. History: L. 2000…
K.S.A. 40-3236 Medical assistance fee fund; use and disposition of moneys credited to fund; reporting requirements
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40-3236. Medical assistance fee fund; use and disposition of moneys credited to fund; reporting requirements. (a) There is hereby created in the state treasury the medical assistance fee fund. The commissioner of insurance shall remit to the state treasurer, in accordance with th…
K.S.A. 40-3301 Declaration of public interest and policy
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40-3301. Declaration of public interest and policy. (a) It is hereby found and declared that it may not be inconsistent with the public interest and the interest of policyholders to permit insurers to: (1) Engage in activities which would enable them to make better use of managem…
K.S.A. 40-3302 Definitions
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40-3302. Definitions. As used in the insurance holding company act, unless the context otherwise requires: (a) "Affiliate" of, or person "affiliated" with, a specific person, means a person that directly, or indirectly through one or more intermediaries, controls, is controlled b…
K.S.A. 40-3302a Repealed
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40-3302a. History: L. 1974, ch. 183, § 2; L. 1976, ch. 217, § 1; L. 1988, ch. 356, § 118; L. 1992, ch. 288, § 1; L. 1996, ch. 169, § 15; L. 1997, ch. 8, § 11; Repealed, L. 1999, ch. 149, § 14; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived…
K.S.A. 40-3303 Domestic insurer's acquisition of subsidiaries; authorized investments
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40-3303. Domestic insurer's acquisition of subsidiaries; authorized investments. (a) Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries otherwise permitted under Kansas law. (b) In addition to invest…
K.S.A. 40-3304 Transactions affecting control of domestic insurer; approval of commissioner; statement filed with commissioner, contents, authorization of commissioner to set and publish filing fee; substitution of securities registration statement; disapproval of transaction, hearing; consolidated hearing and opt-out; retainer of professionals and experts to assist review; exempt transactions; violations; jurisdiction of courts; service of process.
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40-3304. Transactions affecting control of domestic insurer; approval of commissioner; statement filed with commissioner, contents, authorization of commissioner to set and publish filing fee; substitution of securities registration statement; disapproval of transaction, hearing;…
K.S.A. 40-3305 Insurers of an insurance holding company system subject to registration; annual groups capital calculation and NAIC liquidity stress test framework, when required.
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40-3305. Insurers of an insurance holding company system subject to registration; annual groups capital calculation and NAIC liquidity stress test framework, when required. (a) Every insurer that is authorized to do business in this state and is a member of an insurance holding c…
K.S.A. 40-3306 Insurer deemed by commissioner to be in hazardous financial condition; deposit or bond required, when; amount of deposit; disposition of records, data and premiums held by affiliate of an insurer.
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40-3306. Insurer deemed by commissioner to be in hazardous financial condition; deposit or bond required, when; amount of deposit; disposition of records, data and premiums held by affiliate of an insurer. (a) Transactions by registered insurers with their affiliates shall be sub…
K.S.A. 40-3307 Examination of registered insurers; powers of commissioner; expert advisers; expenses, liability of insurers; subpoenas
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40-3307. Examination of registered insurers; powers of commissioner; expert advisers; expenses, liability of insurers; subpoenas. (a) Subject to the limitation contained in this section and in addition to the powers that the commissioner of insurance has under K.S.A. 40-222 and K…
K.S.A. 40-3308 Confidentiality of information and documents disclosed to or filed with commissioner
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40-3308. Confidentiality of information and documents disclosed to or filed with commissioner. (a) Documents, materials or other information obtained by or disclosed to the commissioner of insurance or any other person in the course of an examination or investigation made pursuan…
K.S.A. 40-3309 Rules, regulations and orders of commissioner; hearings
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40-3309. Rules, regulations and orders of commissioner; hearings. The commissioner of insurance, upon notice and opportunity for all interested persons to be heard, may issue such rules and regulations and orders as shall be necessary to carry out the provisions of this act. Hear…
K.S.A. 40-3310 Enjoining violations; illegally acquired securities; effect on shareholder voting; injunctions; seizure or sequestration of illegally acquired securities; situs of ownership of domestic insurer's securities.
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40-3310. Enjoining violations; illegally acquired securities; effect on shareholder voting; injunctions; seizure or sequestration of illegally acquired securities; situs of ownership of domestic insurer's securities. (a) Whenever it appears to the commissioner of insurance that a…