10 AN ACT concerning social welfare; relating to identifying health care and 11 other medical benefits provided under medical benefit plans for ben- 12 eficiaries of federal medicaid benefits; prescribing penalties for failure 13 to provide certain information. 14 15 Be it enacted by the Legislature of the State of Kansas: 16 Section 1. (a) Upon the request of the secretary of social and reha- 17 bilitation services, each medical benefit plan provider that provides or 18 maintains a medical benefit plan, that provides any hospital or medical 19 services or any other health care or other medical benefits or services, or 20 both, in Kansas, shall provide the secretary with information, to the ex- 21 tent known by the medical benefit plan provider, identifying each 22 person who is covered by such medical benefit plan or who is otherwise 23 provided any such hospital or medical services or any other such health 24 care or other medical benefits or services, or both, in Kansas under such 25 medical benefit plan. The information shall be provided in such form as 26 is prescribed by the secretary for the purpose of comparing such infor- 27 mation with medicaid beneficiary information maintained by the secretary 28 to assist in identifying other health care or medical benefit coverage avail- 29 able to medicaid beneficiaries. The secretary
mayshall reimburse each 30 medical benefit plan provider that provides information under this section 31 for the reasonable cost of providing such information. 32 (b) All information provided by medical benefit plan providers under 33 this section shall be confidential and shall not be disclosed pursuant to 34 the provisions of the open records act or under the provisions of any other 35 law. Such information may be used solely for the purpose of deter- 36 mining whether medical assistance has been paid or is eligible to 37 be paid by the secretary for which a recovery from a medical benefit 38 plan provider is due under K.S.A. 39-719a and amendments thereto. 39 (c) Failure to provide information pursuant to a request by the sec- 40 retary of social and rehabilitation services under this section shall consti- 41 tute a failure to reply to an inquiry of the commissioner of insurance and 42 shall be subject to the penalties applicable thereto under K.S.A. 40-226 43 and amendments thereto. If a medical plan provider fails to provide in- SB 12--Am. 2 1 2 -formation to the secretary of social and rehabilitation services pursuant 3 to a request under this section, the secretary shall notify the commissioner 4 of such failure. The commissioner of insurance may pursue each such 5 failure to provide such information in accordance with K.S.A. 40-226 and 6 amendments thereto. 7 (d) As used in this section: 8 (1) ``Medical benefit plan'' means any accident and health insurance 9 or any other policy, contract, plan or agreement that provides benefits or 10 services, or both, for any hospital or medical services or any other health 11 care or medical benefits or services, or both, in Kansas, whether or not 12 such benefits or services, or both, are provided pursuant to individual, 13 group, blanket or certificates of accident and sickness insurance, any other 14 insurance providing any accident and health insurance, or any other pol- 15 icy, contract, plan or agreement providing any such benefits or services, 16 or both, in Kansas, and includes any policy, plan, contract or agreement 17 offered in Kansas pursuant to the federal employee retirement income 18 security act of 1974 (ERISA) that provides any hospital or medical serv- 19 ices or any other health care or medical benefits or services, or both, in 20 Kansas; and 21 (2) ``medical benefit plan provider'' means any insurance company, 22 nonprofit medical and hospital service corporation, health maintenance 23 organization, fraternal benefit society, municipal group-funded pool, 24 group-funded workers compensation pool or any other entity providing 25 or maintaining a medical benefit plan. 26 (e) No medicaid provider who rendered professional services to 27 a medicaid beneficiary and was paid by the secretary for such serv- 28 ices shall be liable to the medical benefit plan provider for any 29 amounts recovered pursuant to this act or pursuant to the provi- 30 sions of K.S.A. 39-719a and amendments thereto.''; and the bill be 31 passed as amended. 32 Sec. 2. This act shall take effect and be in force from and after its 33 publication in the Kansas register.