40-2221a. Same; notice required prior to termination; reinstatement. (a) Except as otherwise provided in K.S.A. 40-2221b, no medicare supplement policy of insurance, as defined by the commissioner of insurance by rules and regulations, issued or delivered in this state shall be terminated for failure to pay premiums when due unless the insurer sends to the insured a notice, addressed to the insured's last address of record with such insurer, indicating the policy terminated due to failure to pay the required premium as of the premium due date. Such notice shall be enclosed in an envelope on the front of which the following language appears in bold-faced type in a conspicuous place: IMPORTANT—-PREMIUM RENEWAL NOTICE ENCLOSED. Such notice shall be sent no later than 45 days following the date on which premium was due, and shall inform the insured of the amount of premium that would be required to reinstate the policy and of the time within which such premium must be remitted to the insurer to effect such reinstatement. Except as provided in subsection (b), upon payment of the required premium by the insured to the insurer within 45 days of the insurer's having mailed such notice, the policy shall be automatically reinstated as continuous coverage without lapse by the insurer without imposing upon the insured any new exclusions, reductions or waiting periods and without requiring of the insured proof of insurability.
(b) Medicare supplement policies of insurance, as defined by the commissioner of insurance by rules and regulations, shall be reinstated in the event of lapse if the insurer is provided proof of cognitive impairment or the loss of functional capacity within five months after termination and the insured requests such reinstatement. Collection of past due premium will be allowed, where appropriate. The standard of proof of cognitive impairment or loss of functional capacity shall be established by clinical diagnosis by a person licensed to practice medicine and surgery and qualified to make such diagnosis.
History: L. 1988, ch. 159, § 1; L. 1996, ch. 182, § 8; July 1.
Structure Kansas Statutes
Article 22 - Uniform Policy Provisions
40-2201 Accident and sickness policy; definition.
40-2202 Same; form of policy; policies issued to nonresidents.
40-2203 Uniform policy provisions; rules and regulations for filing or submission of policies.
40-2204 Conforming to statute; construction of policies in conflict.
40-2205 Statements made in application for policy; effect.
40-2206 Notice acknowledged by insurer not waiver of rights.
40-2207 Age; limit; misstatement by insured.
40-2208 Nonapplication to certain policies.
40-2209a Applicability of 1978 amendments to K.S.A. 40-1805, 40-1905 and 40-2209.
40-2209b Small employer healthcare plans; citation; purpose of act.
40-2209c Same; application of act; construction of 40-2209.
40-2209g Same; establishment of business classes by carrier; limitation.
40-2209i Same; carrier sales solicitations, disclosures required.
40-2209j Same; actuarial certification of underwriting and rating compliance.
40-2209n Same; rules and regulations.
40-2209o Same; violations, penalties.
40-2211 Workmen's compensation; insolvency of insured.
40-2213 Prior policy, rider or endorsement.
40-2220 Coverage of loss from pre-existing conditions required, when.
40-2221a Same; notice required prior to termination; reinstatement.
40-2221b Same; when provisions of 40-2221a not applicable.
40-2222 Health coverage; jurisdiction of commissioner; exceptions.
40-2222b Same; premium tax, rate, computation, return and payment.
40-2223 Same; examination; subject to insurance laws.
40-2224 Same; disclosure to purchaser required.
40-2225 Long-term care insurance; name and citation of act.
40-2226 Same; application and construction of act.
40-2228d Same; lapse or termination of policy or certificate; requirements; notice.
40-2228e Same; reinstatement, conditions.
40-2228f Long-term care insurance prompt payment act; effective date.
40-2228h Same; claims; procedures; rules and regulations.
40-2229 Mammogram and pap smear coverage; policies to which mandated coverage applicable.
40-2231 Continuing care contracts; definitions.
40-2232 Same; provider's annual disclosure statement; contents; requirement to furnish.
40-2233 Same; annual disclosure statement, contract and annual audit; filing with commissioner.
40-2234 Same; providing form to commissioner; contents and attachments.
40-2235 Same; certificate of registration, application, fee, renewal.
40-2237 Same; change of ownership or management of provider or home.
40-2238 Same; rules and regulations.
40-2239 Small employer health benefit plans; definitions.
40-2240 Same; establishment; assistance by commissioner.
40-2241 Same; contracts with carriers; coverage options; application of 40-2209 and 40-2215.
40-2242 Same; qualification for employer participation.
40-2247 Same; exemption from insurance premium tax.
40-2248 Mandated health benefits; impact report to be submitted prior to legislative consideration.
40-2249a Same; state employee group pilot project for new mandated health benefits.
40-2252 Same; rules and regulations.
40-2254 Group accident and sickness insurance; extension of payment of benefits.
40-2255 Accident and sickness insurance; closing block of business, when.
40-2259 Genetic screening or testing; prohibiting the use of; exceptions; restrictions.
40-2260 Group health benefit plan option to establish premium only cafeteria plan.