Kansas Statutes
Article 2 - General Provisions
40-2,196 Coverage for amino acid-based elemental formula; report required; recommendation to legislature.

40-2,196. Coverage for amino acid-based elemental formula; report required; recommendation to legislature. (a) In the coverage for the next health plan coverage year commencing on January 1, 2019, the state employees health care commission shall provide for the coverage for amino acid-based elemental formula, regardless of delivery method, for the diagnosis or treatment of food protein-induced enterocolitis syndrome, eosinophilic disorders or short bowel syndrome, if prescribed by a prescriber, as defined by K.S.A. 65-1626, and amendments thereto, authorized by the pharmacy act of the state of Kansas and the applicable medical professional licensure entity in the state of Kansas.
(b) (1) Pursuant to the provisions of K.S.A. 40-2249a, and amendments thereto, on or before March 1, 2020, the state employees health care commission shall submit to the president of the senate and to the speaker of the house of representatives a report including the following information pertaining to the mandated coverage for amino acid-based elemental formula provided during the plan year commencing on January 1, 2019, and ending on December 31, 2019:
(A) The impact that the mandated coverage for amino acid-based elemental formula required by subsection (a) has had on the state health care benefits program;
(B) data on the utilization of coverage for amino acid-based elemental formula by covered individuals and the cost of providing such coverage for amino acid-based elemental formula; and
(C) a recommendation whether such mandated coverage for amino acid-based elemental formula should continue for the state health care benefits program or whether additional utilization and cost data is required.
(2) At the next legislative session following receipt of the report required in paragraph (1), the legislature may consider whether or not to require the coverage for amino acid-based elemental formula required by subsection (a) to be included in any individual or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society or health maintenance organization that provides coverage for accident and health services and that is delivered, issued for delivery, amended or renewed in this state on or after July 1, 2021.
History: L. 2018, ch. 76, ยง 4; May 17.

Structure Kansas Statutes

Kansas Statutes

Chapter 40 - Insurance

Article 2 - General Provisions

40-201 Insurance company defined.

40-201a Service contract; definitions; exemption from regulation.

40-202 Code inapplicable to certain lodges, societies, persons and associations.

40-203 Name of company or society; submission of name to commissioner.

40-204 Unlawful to offer stock for sale without permit from commissioner; void shares, when.

40-205 Application for permit to offer stock for sale; contents; duties of commissioner; findings; issuance or denial of permit; terms of permit; report by insurer; amendment or suspension of permit; notice and hearing; revocation, when; rules and re...

40-205a Application for license to sell stock of insurance company or health maintenance organization, fee.

40-205b Denial of application to sell stock as agent; hearing.

40-205c Revocation of agent's license; hearing.

40-205d Appeal of commission's decision.

40-205e Penalty.

40-207 Secretary and certain officers to give bond.

40-208 Examination by commissioner before issuance of certificate.

40-209 Foreign companies; requirements to transact business, waiver thereof; certificate of authority; application of corporation code and other laws.

40-209b Same; act supplemental.

40-210 Foreign companies outside United States; permission to transact business; assets; condition.

40-211 Amount of deposit of foreign company outside United States.

40-212 Credit for reinsured risks.

40-213 Unlawful transfer of premium notes.

40-214 Conditions under which insurance may be written; certificate of authority; revocation, when; unlawful acts.

40-215 Duration of licenses and certificates.

40-216 Business prohibited until certain filings made; contracts effective on filing; filing of contracts on behalf of insurer by rating organization or another insurer; contracts written in foreign language; suspension or modification of filing requ...

40-217 Contents of policies of foreign company.

40-218 Actions and garnishment proceedings against insurance companies; process; venue; procedure; fee; record of commissioner.

40-219 Failure of company to pay judgment.

40-220 Action against insurance company to be brought in this state; injunction.

40-221a Reinsurance of risks of and by Kansas companies; procedure; requirements.

40-221b Reinsurance of risks of and by Kansas companies; procedure; requirements; definitions.

40-222 Examination of condition of company, when; report, disclosure; suspension or revocation of certificate; notice and hearing.

40-222a Examination of corporations organizing domestic insurance companies.

40-222b Insurance company in hazardous financial condition; order of commissioner, notice and hearing; requirements which may be imposed; transfer of special deposit to guaranty fund, when.

40-222c Same; insurance company defined.

40-222d Same; company deemed to be in hazardous financial condition, when.

40-222e Same; suspension, revocation or refusal to renew certificate.

40-222f Examination of condition of company; definitions.

40-223 Fees for examinations; compensation and expenses for examiners.

40-223a Insurance company annual statement examination fund established; purpose.

40-223b Same; compensation and expenses of examiners.

40-223c Same; duties of commissioner; warrants of director of accounts and reports.

40-223d Same; insufficiency of fund; transfer from general fund, limitation; files.

40-223e Training insurance company examiners; establishment of revolving fund for financing training.

40-223f Same; compensation and expenses of persons receiving training.

40-223g Same; payments from revolving fund.

40-223h Property and casualty actuarial opinion letter law; citation of act.

40-223i Same; actuarial opinion, contents; procedure.

40-223j Same; authority of commissioner; rules and regulations.

40-224 When disbursements to be made only on voucher or affidavit.

40-225 Company participation in insurance regulatory information system; annual statements of condition to be filed with commissioner; authority of commission to require annual audit and financial report; forms; inquiries of commissioner.

40-229 Valuation of securities.

40-229a Security deposits; deposit with financial institution; custodian and arrangements acceptable to commissioner; release and exchange of assets; income; forms prescribed and provided by commissioner; facsimile, electronic or digital signatures n...

40-230a Deposit of securities purchased from sale of stock during organization period.

40-231 Dealing in goods, wares and merchandise prohibited; exceptions.

40-232 Sale of stock with insurance.

40-233 Dividends, interest or bonus; payment from earned surplus.

40-234 Unearned premium reserves of insurance companies; domestic title insurance companies; noncancelable policies, additional reserves.

40-234a Reserves required for accident and health policies; unearned premium reserves.

40-234b Unearned premium reserves required for domestic title insurance companies.

40-234c Unearned premium reserves required of foreign title insurance company.

40-235 Misrepresentations regarding policy terms; title insurance policies, search and examination requirements.

40-236 Statements made with intent to injure company.

40-237 Contracts and promissory notes by minors.

40-238 Resident general agents of foreign companies.

40-239 Definition; insurance agent.

40-240g Rules and regulations.

40-241 Examination of individual applicants for agents' licenses; fee; classes of insurance; issuance of license, when; record of licenses issued and companies' agents certified to represent; auto rental agency insurance license.

40-241h Waiver of examination in certain cases.

40-241j Annual report of agents contracted with and payment of certification fees; audit.

40-241k Rules and regulations; establishing fees for agents.

40-244 Representations without complying with code.

40-246a Penalties for violating 40-246; hearings.

40-246b Excess coverage license to effect insurance or reinsurance in nonadmitted companies; application; fee; affidavit; records; revocation or suspension of license; agent authorized to place business with excess coverage licensees; required inform...

40-246c Same; accounting of gross premiums and tax thereon; penalty.

40-246d Same; revocation or suspension of license, when.

40-246e List of nonadmitted insurers authorized to write excess coverage on Kansas risks; requirements; removal from list.

40-246g Surplus lines producer; exempt commercial purchaser.

40-246h Commissioner; rules and regulations.

40-246i Definitions.

40-247 Insurance agent or broker failing to pay premium to company; penalty.

40-248 Discontinuance of business.

40-249 Policies to be issued within two years.

40-250 Companies subject to act.

40-251 Insurance commissioner; legal representation; judicial review of actions.

40-252 Schedules of fees and taxes for insurance companies and fraternal benefit societies; credits; deductions; returns; time for payment.

40-252a Insurance company tax and fee refund revolving fund; use; duties of commissioner and director of accounts and reports; procedure.

40-252b Fees, charges and taxes under 40-252; in lieu of all other license fees and taxes; exceptions.

40-252c Same; credits; definitions.

40-252d Credit against premium tax for salaries paid to Kansas employees.

40-252e Small insurance company credit against premium tax.

40-252f Credit for insurance companies for certain business investment expenses in qualified business facilities; eligibility; definitions.

40-252g Same; expiration of act.

40-253 Payment of fees and taxes in other states by Kansas companies; retaliatory measures, when.

40-253a Same; effect of certain tax credits.

40-256 Attorney fees in actions on insurance policies; exception.

40-257 Invalidity of code of 1927.

40-258 Actions to recover death benefits based on certain policies; distribution.

40-259 Continuity of management of domestic companies in national emergency; declaration of purpose.

40-260 Same; adoption of emergency bylaws; effect.

40-261 Same; effective provisions of law if emergency bylaws not adopted at time emergency occurs.

40-262 Same; succession national emergency lists; basis; conditions.

40-263 Same; home or principal office; alternate locations.

40-264 Statement of ownership of equity shares in domestic stock companies filed with commissioner, when; changes.

40-265 Profits from sale or purchase of equity securities to inure to benefit of company, when; actions for recovery; exemption.

40-266 Unlawful acts in connection with sale of equity securities.

40-267 Provisions of 40-265, 40-266 inapplicable to certain sales; rules and regulations.

40-268 Provisions of 40-264 to 40-266 inapplicable to arbitrage transactions; exception.

40-269 Equity security defined.

40-270 Provisions of 40-264 to 40-266 inapplicable to equity securities of domestic companies, when.

40-271 Rules and regulations by commissioner.

40-272 Same; proxies, consents or authorization concerning securities of domestic companies.

40-273 Joint underwriting and joint reinsurance; filing requirements; changes; prohibitions.

40-274 Same; solicitation; countersignature requirements.

40-275 Advance or partial payment not admissible as admission against interest or admission of liability; credit; no recovery; limitation of actions.

40-276 Cancellation of automobile liability insurance; definitions.

40-276a Automobile liability insurance policies; denial of renewal; notice; conditions; exceptions.

40-277 Same; limitations on policy conditions for cancellation.

40-278 Cancellation or nonrenewal of automobile liability policy; notice of availability of Kansas automobile insurance plan.

40-281 Hearings by commissioner on any matter relating to insurance; procedure; subpoena.

40-282 Extension of credit to policyholder by insurance agent; conditions; request for cancellation of insurance for nonpayment of policyholder's account; exceptions.

40-283 Same; interest not subject to certain provisions.

40-283a Premium financing or extension of credit for term exceeding one year prohibited; renewal of agreement at expiration of term.

40-284 Uninsured motorist coverage and underinsured motorist coverage; rejection; antistacking provision; exclusions or limitations of coverage; subrogation rights of underinsured motorist coverage insurer.

40-285 Same; uninsured motor vehicle includes vehicle whose insurer is insolvent.

40-286 Same; extent of insurer's insolvency protection.

40-287 Same; subrogation rights.

40-288 Same; provisions of article 22 of chapter 40 not required.

40-293a Kansas riot reinsurance reimbursement fund abolished; transfer of moneys therein to general fund.

40-295 Automobile insurance policies; discrimination on basis of age of insured prohibited in issuance, extension or renewal.

40-296 Same; offer of insurance by one of group of affiliated insurors, effect.

40-297 Same; group of affiliated insurors defined.

40-298 Sale of insurance in connection with sale and financing of automobile; definitions.

40-299 Sale of physical damage insurance in connection with sale and financing of automobile; acknowledgment by purchaser, form; suspension, or revocation of license.

40-2,100 Insurance coverage to include reimbursement or indemnity for services performed by optometrist, dentist or podiatrist.

40-2,101 No policies, contracts or agreements for medical service shall deny reimbursement or indemnification for any service within scope of practice licensed under Kansas healing arts act.

40-2,102 Coverage for newly born and adopted children; coverage for immunizations; notification of birth or adoption; mandatory option to cover delivery expenses of birth mother of adopted child.

40-2,103 Application of designated statutes.

40-2,104 Insurance coverage to include reimbursement for services performed by licensed psychologist.

40-2,105 Insurance coverage under individual or small employer group policies for services rendered in treatment of mental illness, alcoholism, drug abuse or substance use disorders; limitations; exceptions.

40-2,105a Kansas mental health parity act; insurance coverage for services rendered in the treatment of mental illnesses, alcoholism, drug abuse or substance use disorders; limitations.

40-2,105b Same; insurance coverage for psychotherapeutic drugs used for treatment of mental illness.

40-2,105c Same; exemption.

40-2,105d Citation of act.

40-2,106 Definitions.

40-2,107 Minimum notice requirements for cancellation of insurance agency contract by insurance company.

40-2,108 Same; rules and regulations by commissioner.

40-2,109 Mental or physical handicaps; rate discrimination prohibited; enforcement.

40-2,110 Reporting fire losses; rules and regulations; report forms.

40-2,111 Definitions.

40-2,112 Adverse underwriting decisions; reasons required to be furnished; refunds of premiums; time for making decision.

40-2,113 Nonliability for information relating to adverse underwriting decision.

40-2,114 Insurance coverage to include reimbursement for services performed by licensed specialist social worker.

40-2,115 Liability insurance coverage for punitive damages assessed against certain persons.

40-2,116 Definitions.

40-2,117 Provision of health services by professional provider; allowable charges.

40-2,118 Fraudulent insurance act defined; amount involved defined; penalty; notification of commissioner, when; antifraud plan.

40-2,119 Same; immunity from civil liability for certain persons.

40-2,120 Business or professional property or casualty insurance; cancellation, when.

40-2,121 Same; nonrenewal; notice required.

40-2,122 Cancellation or nonrenewal of policy; written explanation required.

40-2,123 Insurers authorized to discontinue certain business in state, when; enforcement.

40-2,124 Certain property and casualty rate filings not affected by certain rate regulation statutes.

40-2,125 Violation of insurance laws; failure to file reports; penalties; emergency temporary cease and desist orders; definitions.

40-2,126 Interest due on insurance settlements, when.

40-2,127 Same; application to multiple payments.

40-2,128 Same; rules and regulations.

40-2,129 Managing general agents; title of act.

40-2,130 Same; definitions.

40-2,131 Same; licensure requirements; bond.

40-2,132 Same; written contract to be in force prior to placement of business with insurer, minimum provisions governing relationship.

40-2,133 Same; utilization by insurer; acts required to be performed by and prohibitions on insurer.

40-2,134 Same; acts deemed to be acts of insurer; examination.

40-2,135 Same; sanctions for violations; rights of policyholders, claimants and auditors not restricted.

40-2,136 Same; rules and regulations.

40-2,137 Assessment of costs of certain administrative hearings, guidelines, procedure.

40-2,138 Investments by insurance companies governed by state law notwithstanding federal preemption.

40-2,153 Insurance coverage to allow choice of pharmacy providers.

40-2,154 Medicaid eligibility and coverage; prohibitions.

40-2,155 Motor vehicle glass replacement; prohibitions; rights of the insured.

40-2,156 Acquisitions and dispositions of assets or nonrenewals, cancellations or revisions of reinsurance agreements; report; confidential.

40-2,156a Reporting requirements for material nonrenewal, cancellation of revision of ceded reinsurance agreements.

40-2,157 Material acquisitions or dispositions of assets, defined; assets subject to act; information required to be disclosed.

40-2,159 Reports on a nonconsolidated basis; exception.

40-2,160 Coverage for minimum inpatient care following birth of child.

40-2,161 Coverage for children in the custody of the commissioner of juvenile justice.

40-2,162 Change of domicile of insurer or mutual holding company, requirements; continuation of certificate of authority, agent appointments, licenses, rates and other items; rules and regulations.

40-2,163 Coverage for certain expenses relating to care and treatment of diabetes; educational expenses; exceptions.

40-2,164 Coverage of prostate cancer screening.

40-2,165 Coverage of general anesthesia in conjunction with dental care for certain individuals.

40-2,166 Coverage of reconstructive breast surgery.

40-2,166a Coverage for osteoporosis.

40-2,167 Off-label use of prescription drugs; definitions.

40-2,168 Same; coverage for cancer treatment; exclusion from coverage prohibited.

40-2,169 Same; commissioner of insurance, powers.

40-2,170 Same; coverage not affected, when.

40-2,184 Coverage for orally administered anticancer medication.

40-2,185 Dental health insurance; fee setting provision, limitation on.

40-2,186 Same; definitions.

40-2,190 Abortion coverage; separate coverage; when required.

40-2,191 Same; severability clause.

40-2,192 Mandate lite health benefit plan act.

40-2,193 Specially designed policies; short-term policies.

40-2,194 Coverage for autism spectrum disorder.

40-2,195 Exclusive provider organization policy; requirements; exceptions; definitions.

40-2,196 Coverage for amino acid-based elemental formula; report required; recommendation to legislature.

40-2,201 Property and casualty insurance; group affiliated insurers; renewal of policy.

40-2,202 Same; limited lines; self-service storage units.

40-2,203 CGAD report required; contents; filing; rules and regulations.

40-2,204 Claims handling operations; prohibition on imposition of restrictions or enforcement of local licensing or registration ordinances during a catastrophic event.

40-2,210 Kansas telemedicine act; citation.

40-2,211 Same; definitions.

40-2,212 Same; confidentiality.

40-2,213 Same; application of; coverage parity established.

40-2,214 Same; prescribing of drugs via telemedicine.

40-2,215 Same; abortions delivered via telemedicine not authorized.

40-2,216 Same; nonseverability clause.