Kansas Statutes
Article 32 - Health Maintenance Organizations And Medicare Provider Organizations
40-3236 Medical assistance fee fund; use and disposition of moneys credited to fund; reporting requirements.

40-3236. Medical assistance fee fund; use and disposition of moneys credited to fund; reporting requirements. (a) There is hereby created in the state treasury the medical assistance fee fund. The commissioner of insurance shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys collected or received by the commissioner from health maintenance organizations and medicare provider organizations for the fees specified in K.S.A. 40-3213, 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 medical assistance fee fund.
(b) (1) Moneys in the medical assistance fee fund shall be expended subject to the following priorities:
(A) First, to restore any reductions initiated during calendar year 2016 to provider reimbursement rates for state medicaid services;
(B) second, on July 1, 2017, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer the amount of $3,500,000 to the community mental health center improvement fund created by K.S.A.  39-2018, and amendments thereto, and on July 1 of each year thereafter, or as soon after each such date as moneys are available, the director of accounts and reports shall transfer the amount of $5,000,000 to the community mental health center improvement fund established by K.S.A. 39-2018, and amendments thereto;
(C) third, to transfer moneys to the Kansas newborn screening fund pursuant to K.S.A. 65-180, and amendments thereto; and
(D) fourth, if any moneys remain, for the purpose of medicaid medical assistance payments.
(2) All expenditures from the medical assistance fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the medical assistance fee fund interest earnings based on:
(1) The average daily balance of moneys in the medical assistance fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) The medical assistance fee fund shall be used for the purposes set forth in this act and for no other governmental purposes. It is the intent of the legislature that the fund shall remain intact and inviolate for the purposes set forth in this act, and moneys in the fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(e) The secretary of health and environment shall prepare and deliver to the legislature on or before the first day of each regular legislative session a report that summarizes all expenditures from the medical assistance fee fund, fund revenues and recommendations regarding the adequacy of the fund to support necessary medical assistance programs.
History: L. 2015, ch. 98, § 1; L. 2017, ch. 94, § 5; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 40 - Insurance

Article 32 - Health Maintenance Organizations And Medicare Provider Organizations

40-3201 Title.

40-3202 Definitions.

40-3203 Certificate of authority required; application; contents; rules and regulations governing modifications and amendments; approval of commissioner.

40-3204 Notice that application incomplete, insufficient or unsatisfactory; issuance of certificate, when.

40-3207 Denial, suspension or revocation of certificate; administrative penalty; notice; hearing.

40-3208 Powers.

40-3209 Certificates of coverage, contracts and other marketing documents, contents, form, filing; continuation and conversion requirements; enrollee not liable to provider for amount owed; application of 40-2209 and 40-2215.

40-3210 Prepaid per capita or aggregate fixed sum contracts authorized.

40-3211 Examination of organizations and providers.

40-3212 Filings and reports as public documents.

40-3213 Fees; disposition of moneys; reporting requirements; payment of estimated fees owed; reconciliation of actual fees owed.

40-3214 Construction and relationship to other laws.

40-3215 Rules and regulations.

40-3216 Penalty.

40-3217 Operational health maintenance organizations; issuance of certificate.

40-3218 Contractual designation of persons to make recommended findings to commissioner.

40-3219 Effect of act on federal assistance.

40-3220 Annual report.

40-3221 Liability of officers.

40-3222 Use of certain words and initials prohibited.

40-3223 Open enrollment.

40-3224 Investments.

40-3225 Fiduciary responsibilities; fidelity bond or insurance.

40-3226 Confidentiality of medical information.

40-3227 Deposit requirements; waiver of deposit; plan for continuation of benefits following insolvency.

40-3228 Grievance procedures; minimum requirements.

40-3229 Prior authorization requirements for emergency medical treatment; duties and responsibilities of organization, enrollees and participating providers; resolution of disputes.

40-3230 Continuity of treatment upon termination of provider from plan.

40-3231 Uncovered expenditure deposit; amount; withdrawal, when; commissioner's duties; rules and regulations.

40-3232 Insolvent health maintenance organization; allocation of insureds to other health maintenance organizations, when; eligibility for Kansas uninsurable health insurance plan act, when.

40-3233 Rehabilitation, liquidation or conservation of health maintenance organization; commissioner's powers; priority of enrollee; distribution of assets.

40-3234 Health maintenance organization; financial condition; hearing; commissioner's powers.

40-3235 Health maintenance organization act; provisions supplemental to.

40-3236 Medical assistance fee fund; use and disposition of moneys credited to fund; reporting requirements.