Session of 2000
By Committee on Insurance

10             AN  ACT concerning health insurance; providing coverage for secondary
11             consultation in cancer cases; amending K.S.A. 1999 Supp. 40-2,103
12             and 40-19c09 and repealing the existing sections.
14       Be it enacted by the Legislature of the State of Kansas:
15             New Section  1. (a) Any individual or group health insurance policy,
16       medical service plan, contract, hospital service corporation contract, hos-
17       pital and medical service corporation contract, fraternal benefit society
18       or health maintenance organization which provides coverage for mental
19       health benefits and which is delivered, issued for delivery, amended or
20       renewed on or after January 1, 2001, which provides coverage for medical
21       and surgical services in relation to the diagnosis of cancer also shall pro-
22       vide full coverage for secondary consultations with specialists in appro-
23       priate medical fields, including, but not limited to, pathology, radiology
24       and oncology, to confirm or refute such diagnosis. In addition:
25             (1) The coverage required by this subsection for such secondary con-
26       sultation shall be provided regardless of whether such secondary consul-
27       tation is based on a positive or negative initial diagnosis of cancer.
28             (2) The coverage provided by this section shall provide for, at no
29       additional cost to the insured, consultation with any specialist selected by
30       the attending physician of the insured or the insured's dependent, re-
31       gardless of whether or not such specialist is a participating provider.
32             (3) No individual or group health insurance policy, medical service
33       plan, contract, hospital service corporation contract, hospital and medical
34       service corporation contract, fraternal benefit society or health mainte-
35       nance organization providing health insurance coverage required by this
36       subsection shall penalize or otherwise reduce or limit the reimbursement
37       of a provider or specialist because such provider or specialist provided
38       care to an insured in accordance with this section.
39             (4) The provisions of this subsection shall be not construed as re-
40       quiring the provision of secondary consultations where the insured patient
41       determines not to seek such a consultation.
42             (b) Any provision in any individual or group health insurance policy,
43       medical service plan, contract, hospital service corporation contract, fra-


  1       ternal benefit society or health maintenance organization which provides
  2       coverage for medical and surgical benefits in relation to the diagnosis of
  3       cancer which is delivered, issued for delivery, amended or renewed on
  4       or after January 1, 2001, that is in conflict with this section shall be of no
  5       force and effect.
  6             (c) The provisions of this section shall not apply to any policy or cer-
  7       tificate which provides coverage for any specified disease, specified ac-
  8       cident or accident only coverage, credit, dental, disability income, hospital
  9       indemnity, long-term care insurance as defined by K.S.A. 40-2227 and
10       amendments thereto, vision care or any other limited supplemental ben-
11       efit nor to any medicare supplement policy of insurance as defined by
12       the commissioner of insurance by rule and regulation, any coverage issued
13       as a supplement to liability insurance, workers compensation or similar
14       insurance, automobile medical-payment insurance or any insurance un-
15       der which benefits are payable with or without regard to fault, whether
16       written on a group, blanket or individual basis.
17             Sec.  2. K.S.A. 1999 Supp. 40-2,103 is hereby amended to read as
18       follows: 40-2,103. The requirements of K.S.A. 40-2,100, 40-2,101, 40-
19       2,102, 40-2,104, 40-2,105, 40-2,114 and 40-2250, and amendments
20       thereto and K.S.A. 1999 Supp. 40-2,160 and, 40-2,165 through 40-2,170,
21       and section 1, and amendments thereto, shall apply to all insurance pol-
22       icies, subscriber contracts or certificates of insurance delivered, renewed
23       or issued for delivery within or outside of this state or used within this
24       state by or for an individual who resides or is employed in this state.
25             Sec.  3. K.S.A. 1999 Supp. 40-19c09 is hereby amended to read as
26       follows: 40-19c09. (a) Corporations organized under the nonprofit med-
27       ical and hospital service corporation act shall be subject to the provisions
28       of the Kansas general corporation code, articles 60 to 74, inclusive, of
29       chapter 17 of the Kansas Statutes Annotated, applicable to nonprofit cor-
30       porations, to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-
31       219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-
32       235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252,
33       40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
34       2,116, 40-2,117, 40-2a01 et seq., 40-2111 to 40-2116, inclusive, 40-2215
35       to 40-2220, inclusive, 40-2221a, 40-2221b, 40-2229, 40-2230, 40-2250,
36       40-2251, 40-2253, 40-2254, 40-2401 to 40-2421, inclusive, and 40-3301
37       to 40-3313, inclusive, K.S.A. 1999 Supp. 40-2,153, 40-2,154, 40-2,160,
38       40-2,161, 40-2,163, 40-2,164 and, 40-2,165 through 40-2,170, and section
39       1, and amendments thereto, except as the context otherwise requires, and
40       shall not be subject to any other provisions of the insurance code except
41       as expressly provided in this act.
42             (b) No policy, agreement, contract or certificate issued by a corpo-
43       ration to which this section applies shall contain a provision which ex-


  1       cludes, limits or otherwise restricts coverage because medicaid benefits
  2       as permitted by title XIX of the social security act of 1965 are or may be
  3       available for the same accident or illness.
  4             (c) Violation of subsection (b) shall be subject to the penalties pre-
  5       scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto. 
  6       Sec.  4. K.S.A. 1999 Supp. 40-2,103 and 40-19c09 are hereby
  7       repealed.
  8        Sec.  5. This act shall take effect and be in force from and after its
  9       publication in the statute book.