40-2251. Statistical plan for recording and reporting premiums and loss and expense experience by accident and health insurers; compilation and dissemination; department of health and environment to serve as statistical agent; assessments; penalties for failure to report. (a) The commissioner of insurance shall develop or approve statistical plans which shall be used by each insurer in the recording and reporting of its premium, accident and sickness insurance loss and expense experience, in order that the experience of all insurers may be made available at least annually in such form and detail as may be necessary to aid the commissioner and other interested parties in determining whether rates and rating systems utilized by insurance companies, mutual nonprofit hospital and medical service corporations, health maintenance organizations and other entities designated by the commissioner produce premiums and subscriber charges for accident and sickness insurance coverage on Kansas residents, employers and employees that are reasonable in relation to the benefits provided and to identify any accident and sickness insurance benefits or provisions that may be unduly influencing the cost. Such plans may also provide for the recording and reporting of expense experience items which are specifically applicable to the state. In promulgating such plans, the commissioner shall give due consideration to the rating systems, classification criteria and insurance and subscriber plans on file with the commissioner and, in order that such plans may be as uniform as is practicable among the several states, to the form of the plans and rating systems in other states.
(b) The department of health and environment, as administrator of the health care database, pursuant to K.S.A. 65-6804, and amendments thereto, shall serve as the statistical agent for the purpose of gathering, receiving and compiling the data required by the statistical plan or plans developed or approved under this section. The commissioner of insurance shall make an assessment upon the reporting insurance companies, health maintenance organizations, group self-funded pools, and other reporting entities sufficient to cover the anticipated expenses to be incurred by the department of health and environment in gathering, receiving and compiling such data. Such assessment shall be in the form of an annual fee established by the department of health and environment and charged to each reporting entity in proportion to such entity's respective shares of total health insurance premiums, subscriber charges and member fees received during the preceding calendar year. Such assessments shall be paid to the department of health and environment and the department of health and environment shall remit such fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the insurance statistical plan fund. Compilations of aggregate data gathered under the statistical plan or plans required by this act shall be made available to insurers, trade associations and other interested parties.
(c) The department of health and environment, in writing, shall report to the commissioner of insurance any insurance company, health maintenance organization, group self-funded pool, nonprofit hospital and medical service corporation and any other reporting entity which fails to report the information required in the form, manner or time prescribed by the department of health and environment. Upon receipt of such report, the commissioner of insurance shall impose an appropriate penalty in accordance with K.S.A. 40-2,125, and amendments thereto.
History: L. 1990, ch. 170, § 1; L. 1994, ch. 238, § 13; L. 1995, ch. 260, § 1; L. 2001, ch. 5, § 117; L. 2006, ch. 156, § 1; L. 2012, ch. 102, § 18; 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.