40-2232. Same; provider's annual disclosure statement; contents; requirement to furnish. A provider shall be required to complete an annual disclosure statement prescribed by the commissioner and shall be required to deliver the disclosure statement to individuals who are prospective residents, or current residents who request such disclosure statement. The text of the disclosure statement shall contain the following information:
(a) The name and business address of the provider and a statement of whether the provider is an individual, partnership, corporation or any other legal entity.
(b) The names of the individual or individuals who constitute the provider or, if the provider is a partnership, corporation or other legal entity, whether for profit or not for profit, the names of the officers, directors, trustees or managing or general partners of the provider. If the provider is a corporation, the name of any individual who owns 10% or more of the stock of such corporation shall also be disclosed.
(c) With respect to a provider which is either not incorporated or not established and operated on a not-for-profit basis, the names and business addresses of any individual having any ownership or any beneficial interest in the provider and a description of such individual's interest in or occupation with the provider.
(d) A statement as to whether or not the provider is, or is affiliated with, a religious, charitable or other nonprofit organization and the extent of the affiliation, if any; the extent to which any affiliate organization will be responsible for the financial and contractual obligations of the provider; the provision of the United States internal revenue code, if any, under which the provider or any of the provider's affiliates is or are exempt from the payment of federal income taxes; and, a statement of whether the home is exempt from local property taxation.
(e) A statement that the provider is required to have an annual certified audit by a certified public accountant and that a copy of such audit shall be made available upon request.
(f) If the operation of the home has not yet commenced, and with receipt of contract considerations as defined in K.S.A. 40-2231 (a) and (b), the provider shall provide a statement of the anticipated source and application of the funds used or to be used in the purchase or construction of the facility, including but not limited to:
(1) An estimate of such costs as financing expense, legal expense, land costs, marketing costs and other similar costs which the provider expects to incur or become obligated for prior to the commencement of operations;
(2) A description of any mortgage loan or any other financing intended to be used for the financing of the facility, including the anticipated terms and costs of such financing;
(3) An estimate of the total entrance fee to be received from or on behalf of residents at or prior to commencement of operation; and
(4) An estimate of the funds, if any, which are anticipated to be necessary to fund start-up losses and provide reserve funds to assure full performance of the obligations of the provider under continuing care contracts.
(g) A statement as to whether the manager or any official or director of the provider, has been convicted of a crime or been a party of any civil action claiming fraud, embezzlement, fraudulent conversion or misappropriation of property which resulted in a judgment against such person and whether any such person has had any state or federal license or permits related to care and housing suspended or revoked.
(h) A statement of the years of experience of the provider and manager in the operation of homes providing continuing care.
(i) A statement of the fiscal year of the provider.
History: L. 1989, ch. 73, ยง 2; 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.