Session of 2000
By Committee on Health and Human Services

  9             AN  ACT concerning emergency medical conditions; prohibiting insur-
10             ance companies and managed care programs from requiring certain
11             prior authorizations or prohibiting access to certain emergency
12             services.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. (a) For the purposes of this section:
16             (1) "Emergency medical condition" means a medical condition that
17       manifests itself by symptoms of sufficient severity that the absence of
18       immediate medical attention could reasonably be expected by a prudent
19       layperson, who possesses an average knowledge of health and medicine,
20       to result in:
21             (A) Placing the patient's health in serious jeopardy;
22             (B) serious impairment to bodily functions; or
23             (C) serious dysfunction of any bodily organ or part.
24             (2) "Health insurers" shall have the meaning ascribed to such term
25       under K.S.A. 1999 Supp. 40-4602 and amendments thereto.
26             (b) No health insurer or managed care program shall require an in-
27       sured or enrollee to obtain prior authorization before accessing the 911
28       system or any emergency medical system for an emergency medical
29       condition.
30             (c) No health insurer or managed care program shall prohibit any
31       insured or enrollee from accessing any emergency telephone service or
32       any emergency medical service for an emergency medical condition.
33        Sec.  2. This act shall take effect and be in force from and after its
34       publication in the statute book.