40-2261. Employer providing certain health insurance coverage may offer cafeteria plan; employer not restricted in providing such benefits or coverage; definitions. (a) An employer that provides health insurance coverage for which any portion of the premium is payable by an employee may also offer a premium only cafeteria plan as permitted under 26 U.S.C. section 125. The provisions of this subsection shall not apply to any employer who offers health insurance through any self-insured or self-funded group health benefit plan of any type or description.
(b) No provision of this section shall prohibit or otherwise restrict an employer's ability to either provide a group health benefit plan or create a premium only cafeteria plan with defined contributions and in which the employee purchases the policy.
(c) For the purposes of this section:
(1) "Health benefit plan" means any hospital or medical expense policy, health, hospital or medical service corporation contract and a plan provided by a municipal group-funded pool or a health maintenance organization contract offered by an employer or any certificate issued under any such policies, contracts or plans. Health benefit plan also includes a cafeteria plan authorized by 26 U.S.C. section 125. The cafeteria plan may offer the option of paying all or any portion of the health insurance premium or the option of receiving health insurance coverage through a high deductible health plan and the establishment of a health savings account. In order for an eligible individual to obtain a high deductible health plan through the cafeteria plan, such individual shall present evidence to the employer that such individual has established a health savings account in compliance with 26 U.S.C. section 223 and any amendments and regulations. "Health benefit plan" does not include policies or certificates covering only accident, credit, dental, disability income, long-term care, hospital indemnity, medicare supplement, specified disease, vision care, coverage issued as a supplement to liability insurance, insurance arising out of a workers compensation or similar law, automobile medical-payment insurance or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.
(2) "Health savings account" shall have the same meaning ascribed to it as in subsection (d) of 26 U.S.C. section 223.
(3) "High deductible health plan" shall mean a policy or contract of health insurance or health care plan that meets the criteria established in subsection (c) of 26 U.S.C. section 223 and any amendments and regulations.
(d) The provisions of this section shall not take effect until July 1, 2008.
History: L. 2008, ch. 164, ยง 2; May 29.
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.