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Kansas Statutes
Chapter 40.—INSURANCE
Article 1.—INSURANCE DEPARTMENT
40-101
Name.
40-102
Insurance department; creation; commissioner of insurance, duties.
40-103
Supervision of commissioner.
40-104
Supervision over transactions.
40-105
Powers, duties, authority and jurisdiction conferred on commissioner of insurance.
40-105a
Repealed.
40-105b
Repealed.
40-105c, 40-105d
Repealed.
40-106
Commissioner, election, term; vacancy.
40-107
Oath of commissioner.
40-108
Annual report of commissioner; record of proceedings.
40-109
Qualifications; personal attention to duties; interest in insurance company.
40-110
Assistants and employees; salaries; oaths; authority of assistants; chief information security officer; responsibility; establishment of cybersecurity standards.
40-111
Seal of commissioner of insurance.
40-112
Insurance department service regulation fund; disposition of fees and certain taxes; assessments for maintenance and expenses of department; credit for payments to other states; exemptions; penalties and interest; transfers from state general fund, temporary insufficiencies.
40-112a
Repealed.
40-113
Criminal anti-fraud division; powers and duties.
Article 2.—GENERAL PROVISIONS
40-201
Insurance company defined.
40-201a
Service contract; definitions; exemption from regulation.
40-202
Code inapplicable to certain lodges, societies, persons and associations.
40-203
Name of company or society; submission of name to commissioner.
40-204
Unlawful to offer stock for sale without permit from commissioner; void shares, when.
40-205
Application for permit to offer stock for sale; contents; duties of commissioner; findings; issuance or denial of permit; terms of permit; report by insurer; amendment or suspension of permit; notice and hearing; revocation, when; rules and regulations.
40-205a
Application for license to sell stock of insurance company or health maintenance organization, fee.
40-205b
Denial of application to sell stock as agent; hearing.
40-205c
Revocation of agent's license; hearing.
40-205d
Appeal of commission's decision.
40-205e
Penalty.
40-206
Repealed.
40-207
Secretary and certain officers to give bond.
40-208
Examination by commissioner before issuance of certificate.
40-209
Foreign companies; requirements to transact business, waiver thereof; certificate of authority; application of corporation code and other laws.
40-209a
Repealed.
40-209b
Same; act supplemental.
40-210
Foreign companies outside United States; permission to transact business; assets; condition.
40-211
Amount of deposit of foreign company outside United States.
40-212
Credit for reinsured risks.
40-213
Unlawful transfer of premium notes.
40-214
Conditions under which insurance may be written; certificate of authority; revocation, when; unlawful acts.
40-215
Duration of licenses and certificates.
40-216
Business prohibited until certain filings made; contracts effective on filing; filing of contracts on behalf of insurer by rating organization or another insurer; contracts written in foreign language; suspension or modification of filing requirements by commissioner; hearing, order.
40-217
Contents of policies of foreign company.
40-218
Actions and garnishment proceedings against insurance companies; process; venue; procedure; fee; record of commissioner.
40-219
Failure of company to pay judgment.
40-220
Action against insurance company to be brought in this state; injunction.
40-221
Repealed.
40-221a
Reinsurance of risks of and by Kansas companies; procedure; requirements.
40-221b
Reinsurance of risks of and by Kansas companies; procedure; requirements; definitions.
40-222
Examination of condition of company, when; report, disclosure; suspension or revocation of certificate; notice and hearing.
40-222a
Examination of corporations organizing domestic insurance companies.
40-222b
Insurance company in hazardous financial condition; order of commissioner, notice and hearing; requirements which may be imposed; transfer of special deposit to guaranty fund, when.
40-222c
Same; insurance company defined.
40-222d
Same; company deemed to be in hazardous financial condition, when.
40-222e
Same; suspension, revocation or refusal to renew certificate.
40-222f
Examination of condition of company; definitions.
40-223
Fees for examinations; compensation and expenses for examiners.
40-223a
Insurance company annual statement examination fund established; purpose.
40-223b
Same; compensation and expenses of examiners.
40-223c
Same; duties of commissioner; warrants of director of accounts and reports.
40-223d
Same; insufficiency of fund; transfer from general fund, limitation; files.
40-223e
Training insurance company examiners; establishment of revolving fund for financing training.
40-223f
Same; compensation and expenses of persons receiving training.
40-223g
Same; payments from revolving fund.
40-223h
Property and casualty actuarial opinion letter law; citation of act.
40-223i
Same; actuarial opinion, contents; procedure.
40-223j
Same; authority of commissioner; rules and regulations.
40-224
When disbursements to be made only on voucher or affidavit.
40-225
Company participation in insurance regulatory information system; annual statements of condition to be filed with commissioner; authority of commission to require annual audit and financial report; forms; inquiries of commissioner.
40-226
Repealed.
40-227
Repealed.
40-227a
Repealed.
40-228
Repealed.
40-229
Valuation of securities.
40-229a
Security deposits; deposit with financial institution; custodian and arrangements acceptable to commissioner; release and exchange of assets; income; forms prescribed and provided by commissioner; facsimile, electronic or digital signatures not recognized; inspection of securities on deposit; no liability of state or officers or employees for default of institution; audit of deposits with commissioner; title to assets; redeposit with clearing corporation; security and safety of deposits, rules and regulations.
40-230
Repealed.
40-230a
Deposit of securities purchased from sale of stock during organization period.
40-231
Dealing in goods, wares and merchandise prohibited; exceptions.
40-232
Sale of stock with insurance.
40-233
Dividends, interest or bonus; payment from earned surplus.
40-234
Unearned premium reserves of insurance companies; domestic title insurance companies; noncancelable policies, additional reserves.
40-234a
Reserves required for accident and health policies; unearned premium reserves.
40-234b
Unearned premium reserves required for domestic title insurance companies.
40-234c
Unearned premium reserves required of foreign title insurance company.
40-235
Misrepresentations regarding policy terms; title insurance policies, search and examination requirements.
40-236
Statements made with intent to injure company.
40-237
Contracts and promissory notes by minors.
40-238
Resident general agents of foreign companies.
40-239
Definition; insurance agent.
40-240
Repealed.
40-240a
Repealed.
40-240b
Repealed.
40-240c, 40-240d
Repealed.
40-240e
Repealed.
40-240f
Repealed.
40-240g
Rules and regulations.
40-241
Examination of individual applicants for agents' licenses; fee; classes of insurance; issuance of license, when; record of licenses issued and companies' agents certified to represent; auto rental agency insurance license.
40-241a
Repealed.
40-241b
Repealed.
40-241c
Repealed.
40-241d
Repealed.
40-241e
Repealed.
40-241f
Repealed.
40-241g
Repealed.
40-241h
Waiver of examination in certain cases.
40-241i
Repealed.
40-241j
Annual report of agents contracted with and payment of certification fees; audit.
40-241k
Rules and regulations; establishing fees for agents.
40-242
Repealed.
40-243
Repealed.
40-244
Representations without complying with code.
40-245
Repealed.
40-246
Repealed.
40-246a
Penalties for violating K.S.A. 40-246; hearings.
40-246b
Excess coverage license to effect insurance or reinsurance in nonadmitted companies; application; fee; affidavit; records; revocation or suspension of license; agent authorized to place business with excess coverage licensees; required information.
40-246c
Excess coverage license; accounting of gross premiums and tax thereon; penalty.
40-246d
Same; revocation or suspension of license, when.
40-246e
List of nonadmitted insurers authorized to write excess coverage on Kansas risks; requirements; removal from list.
40-246f
Repealed.
40-246g
Surplus lines producer; exempt commercial purchaser.
40-246h
Commissioner; rules and regulations.
40-246i
Definitions.
40-247
Insurance agent or broker failure to pay premium to company; criminal penalties.
40-248
Discontinuance of business.
40-249
Policies to be issued within two years.
40-250
Companies subject to act.
40-251
Insurance commissioner; legal representation; judicial review of actions.
40-252
Schedules of fees and taxes for insurance companies and fraternal benefit societies; credits; deductions; returns; time for payment.
40-252a
Insurance company tax and fee refund revolving fund; use; duties of commissioner and director of accounts and reports; procedure.
40-252b
Fees, charges and taxes under K.S.A. 40-252; in lieu of all other license fees and taxes; exceptions.
40-252c
Same; credits; definitions.
40-252d
Credit against premium tax for salaries paid to Kansas employees.
40-252e
Small insurance company credit against premium tax.
40-252f
Credit for insurance companies for certain business investment expenses in qualified business facilities; eligibility; definitions.
40-252g
Same; expiration of act.
40-253
Payment of fees and taxes in other states by Kansas companies; retaliatory measures, when.
40-253a
Same; effect of certain tax credits.
40-254
Repealed.
40-255
Repealed.
40-256
Attorney fees in actions on insurance policies; exception.
40-257
Invalidity of code of 1927.
40-258
Actions to recover death benefits based on certain policies; distribution.
40-259
Continuity of management of domestic companies in national emergency; declaration of purpose.
40-260
Same; adoption of emergency bylaws; effect.
40-261
Same; effective provisions of law if emergency bylaws not adopted at time emergency occurs.
40-262
Same; succession national emergency lists; basis; conditions.
40-263
Same; home or principal office; alternate locations.
40-264
Statement of ownership of equity shares in domestic stock companies filed with commissioner, when; changes.
40-265
Profits from sale or purchase of equity securities to inure to benefit of company, when; actions for recovery; exemption.
40-266
Unlawful acts in connection with sale of equity securities.
40-267
Provisions of K.S.A. 40-265, 40-266 inapplicable to certain sales; rules and regulations.
40-268
Provisions of K.S.A. 40-264 through 40-266 inapplicable to arbitrage transactions; exception.
40-269
Equity security defined.
40-270
Provisions of K.S.A. 40-264 through 40-266 inapplicable to equity securities of domestic companies, when.
40-271
Rules and regulations by commissioner.
40-272
Same; proxies, consents or authorization concerning securities of domestic companies.
40-273
Joint underwriting and joint reinsurance; filing requirements; changes; prohibitions.
40-274
Same; solicitation; countersignature requirements.
40-275
Advance or partial payment not admissible as admission against interest or admission of liability; credit; no recovery; limitation of actions.
40-276
Cancellation of automobile liability insurance; definitions.
40-276a
Automobile liability insurance policies; denial of renewal; notice; conditions; exceptions.
40-277
Same; limitations on policy conditions for cancellation.
40-278
Cancellation or nonrenewal of automobile liability policy; notice of availability of Kansas automobile insurance plan.
40-279, 40-280
Repealed.
40-281
Fact-finding hearings by commissioner on any matter relating to insurance; procedure; subpoena; hearing on orders issued by commissioner, Kansas administrative procedure act.
40-282
Extension of credit to policyholder by insurance agent; conditions; request for cancellation of insurance for nonpayment of policyholder's account; exceptions.
40-283
Same; interest not subject to certain provisions.
40-283a
Premium financing or extension of credit for term exceeding one year prohibited; renewal of agreement at expiration of term.
40-284
Uninsured motorist coverage and underinsured motorist coverage; rejection; antistacking provision; exclusions or limitations of coverage; subrogation rights of underinsured motorist coverage insurer.
40-285
Same; uninsured motor vehicle includes vehicle whose insurer is insolvent.
40-286
Same; extent of insurer's insolvency protection.
40-287
Same; subrogation rights.
40-288
Same; provisions of article 22 of chapter 40 not required.
40-289 through 40-293
Repealed.
40-293a
Kansas riot reinsurance reimbursement fund abolished; transfer of moneys therein to general fund.
40-294
Repealed.
40-295
Automobile insurance policies; discrimination on basis of age of insured prohibited in issuance, extension or renewal.
40-296
Same; offer of insurance by one of group of affiliated insurors, effect.
40-297
Same; group of affiliated insurors defined.
40-298
Sale of insurance in connection with sale and financing of automobile; definitions.
40-299
Sale of physical damage insurance in connection with sale and financing of automobile; acknowledgment by purchaser, form; suspension, or revocation of license.
40-2,100
Insurance coverage to include reimbursement or indemnity for services performed by optometrist, dentist or podiatrist.
40-2,101
No policies, contracts or agreements for medical service shall deny reimbursement or indemnification for any service within scope of practice licensed under Kansas healing arts act.
40-2,102
Coverage for newly born and adopted children; coverage for immunizations; notification of birth or adoption; mandatory option to cover delivery expenses of birth mother of adopted child.
40-2,103
Application of designated statutes.
40-2,104
Insurance coverage to include reimbursement for services performed by licensed psychologist.
40-2,105
Insurance coverage under individual or small employer group policies for services rendered in treatment of mental illness, alcoholism, drug abuse or substance use disorders; limitations; exceptions.
40-2,105a
Kansas mental health parity act; insurance coverage for services rendered in the treatment of mental illnesses, alcoholism, drug abuse or substance use disorders; limitations.
40-2,105b
Same; insurance coverage for psychotherapeutic drugs used for treatment of mental illness.
40-2,105c
Same; exemption.
40-2,105d
Citation of act.
40-2,106
Definitions.
40-2,107
Minimum notice requirements for cancellation of insurance agency contract by insurance company.
40-2,108
Same; rules and regulations by commissioner.
40-2,109
Mental or physical handicaps; rate discrimination prohibited; enforcement.
40-2,110
Reporting fire losses; rules and regulations; report forms.
40-2,111
Definitions.
40-2,112
Adverse underwriting decisions; reasons required to be furnished; refunds of premiums; time for making decision.
40-2,113
Nonliability for information relating to adverse underwriting decision.
40-2,114
Insurance coverage to include reimbursement for services performed by licensed specialist social worker.
40-2,115
Liability insurance coverage for punitive damages assessed against certain persons.
40-2,116
Definitions.
40-2,117
Provision of health services by professional provider; allowable charges.
40-2,118
Fraudulent insurance act defined; amount involved defined; penalty; notification of commissioner, when; antifraud plan.
40-2,118a
Repealed.
40-2,119
Same; immunity from civil liability for certain persons.
40-2,120
Business or professional property or casualty insurance; cancellation, when.
40-2,121
Same; nonrenewal; notice required.
40-2,122
Cancellation or nonrenewal of policy; written explanation required.
40-2,123
Insurers authorized to discontinue certain business in state, when; enforcement.
40-2,124
Certain property and casualty rate filings not affected by certain rate regulation statutes.
40-2,125
Violation of insurance laws; failure to file reports; penalties; emergency temporary cease and desist orders; definitions.
40-2,126
Interest due on insurance settlements, when.
40-2,127
Same; application to multiple payments.
40-2,128
Same; rules and regulations.
40-2,129
Managing general agents; title of act.
40-2,130
Same; definitions.
40-2,131
Same; licensure requirements; bond.
40-2,132
Same; written contract to be in force prior to placement of business with insurer, minimum provisions governing relationship.
40-2,133
Same; utilization by insurer; acts required to be performed by and prohibitions on insurer.
40-2,134
Same; acts deemed to be acts of insurer; examination.
40-2,135
Same; sanctions for violations; rights of policyholders, claimants and auditors not restricted.
40-2,136
Same; rules and regulations.
40-2,137
Assessment of costs of certain administrative hearings, guidelines, procedure.
40-2,138
Investments by insurance companies governed by state law notwithstanding federal preemption.
40-2,139
Repealed.
40-2,140 through 40-2,152
Repealed.
40-2,153
Insurance coverage to allow choice of pharmacy providers.
40-2,154
Medicaid eligibility and coverage; prohibitions.
40-2,155
Motor vehicle glass replacement; prohibitions; rights of the insured.
40-2,156
Acquisitions and dispositions of assets or nonrenewals, cancellations or revisions of reinsurance agreements; report; confidential.
40-2,156a
Reporting requirements for material nonrenewal, cancellation of revision of ceded reinsurance agreements.
40-2,157
Material acquisitions or dispositions of assets, defined; assets subject to act; information required to be disclosed.
40-2,158
Repealed.
40-2,159
Reports on a nonconsolidated basis; exception.
40-2,160
Coverage for minimum inpatient care following birth of child.
40-2,161
Coverage for children in the custody of the commissioner of juvenile justice.
40-2,162
Change of domicile of insurer or mutual holding company, requirements; continuation of certificate of authority, agent appointments, licenses, rates and other items; rules and regulations.
40-2,162a
Repealed.
40-2,163
Coverage for certain expenses relating to care and treatment of diabetes; educational expenses; exceptions.
40-2,164
Coverage of prostate cancer screening.
40-2,165
Coverage of general anesthesia in conjunction with dental care for certain individuals.
40-2,166
Coverage of reconstructive breast surgery.
40-2,166a
Coverage for osteoporosis.
40-2,167
Off-label use of prescription drugs; definitions.
40-2,168
Same; coverage for cancer treatment; exclusion from coverage prohibited.
40-2,169
Same; commissioner of insurance, powers.
40-2,170
Same; coverage not affected, when.
40-2,171 through 40-2,183
Repealed.
40-2,184
Coverage for orally administered anticancer medication.
40-2,185
Dental health insurance; fee setting provision, limitation on.
40-2,186
Same; definitions.
40-2,187 through 40-2,189
Reserved.
40-2,190
Health insurance abortion coverage; separate coverage; when required.
40-2,191
Same; severability clause.
40-2,192
Mandate lite health benefit plan act.
40-2,193
Specially designed policies; short-term policies.
40-2,194
Health insurance coverage for autism spectrum disorder; requirements.
40-2,195
Exclusive provider organization policy; requirements; exceptions; definitions.
40-2,196
Coverage for amino acid-based elemental formula; report required; recommendation to legislature.
40-2,197 through 40-2,200
Reserved.
40-2,201
Property and casualty insurance; group affiliated insurers; renewal of policy.
40-2,202
Same; limited lines; self-service storage units.
40-2,203
Corporate governance annual disclosure report required; contents; filing; rules and regulations.
40-2,204
Claims handling operations; prohibition on imposition of restrictions or enforcement of local licensing or registration ordinances during a catastrophic event.
40-2,205 through 40-2,209
Reserved.
40-2,210
Kansas telemedicine act; citation.
40-2,211
Same; definitions.
40-2,212
Same; confidentiality.
40-2,213
Same; application of; coverage parity established.
40-2,214
Same; prescribing of drugs via telemedicine.
40-2,215
Same; abortions delivered via telemedicine not authorized.
40-2,216
Same; nonseverability clause.
40-2,217 through 40-2,224
Reserved.
40-2,225
Payment and reimbursement of dental services by dental benefits plans; definitions.
40-2,226
Contract requirements; third-party access to provider network contracts.
40-2,227
Requirements for methods of payment; limitations on certain transaction fees.
40-2,228
Enforcement by commissioner of insurance.
40-2,229, 40-2,230
Reserved.
40-2,231
Kansas travel insurance act; citation.
40-2,232
Purpose of act.
40-2,233
Definitions.
40-2,234
Limited lines travel insurance producer, licensure; requirements and limitations.
40-2,235
Premium tax imposed.
40-2,236
Travel protection plans; requirements.
40-2,237
Travel insurance policies; requirements and limitations.
40-2,238
Travel administrators; requirements; duties of insurer.
40-2,239
Travel insurance; classification; eligibility and underwriting standards.
40-2,240
Rules and regulations.
Article 2a.—INVESTMENTS BY OTHER THAN LIFE INSURANCE COMPANIES
40-2a01
United States government obligations; call options.
40-2a02
State, District of Columbia, territorial and municipal obligations.
40-2a03
Canadian government, provincial and municipal obligations.
40-2a04
Foreign government obligations.
40-2a05
Business entity obligations; definitions.
40-2a06
Equipment trust obligations or conditional sales contract.
40-2a07
Preferred and guaranteed stocks; definitions.
40-2a08
Equity interests; call options.
40-2a09
Stock in any insurance company, health maintenance organization, incorporated insurance agency or holding corporation.
40-2a10
Bank certificates of deposit.
40-2a11
Savings and loan shares or deposits.
40-2a12
Real estate bonds and mortgages.
40-2a13
Real estate.
40-2a14
Collateral loans.
40-2a15
Repealed.
40-2a16
Leeway clause.
40-2a17
International bank for reconstruction and development, inter-American development bank and African development bank.
40-2a18
Real estate investment trusts.
40-2a19
Prior lawful investments.
40-2a20
Adoption of nominee name; designation of bank as trustee.
40-2a21
Securities lending, repurchase and reverse repurchase transactions; requirements; definitions.
40-2a22
Investment companies; money market mutual funds.
40-2a23
Repealed.
40-2a24
Financial futures contracts; definitions; use for hedging purposes; definitions.
40-2a25
Mortgage related securities.
40-2a26
Medium and lower grade obligations; definitions.
40-2a27
Same; limitations; exceptions; insurance company required to adopt written investment plan.
40-2a28
Investment in asset-backed securities; conditions; definitions.
Article 2b.—INVESTMENTS BY LIFE INSURANCE COMPANIES
40-2b01
United States government obligations; call options.
40-2b02
State, District of Columbia, territorial and municipal obligations.
40-2b03
Canadian government, provincial and municipal obligations.
40-2b04
Investments in foreign jurisdictions and currencies; definitions.
40-2b05
Business entity obligations; definitions.
40-2b06
Preferred and guaranteed stocks; investments; limitations.
40-2b07
Equity interests; call options; limitations.
40-2b08
Equipment trust obligations or conditional sales contracts.
40-2b09
Real estate bonds, mortgages, tax lien certificates.
40-2b10
Real estate.
40-2b11
Policy loans.
40-2b12
Collateral loans.
40-2b13
Leeway clause.
40-2b14
Repealed.
40-2b15
Savings and loan shares or deposits.
40-2b16
Bank certificates of deposit.
40-2b17
International bank for reconstruction and development, inter-American development bank and African development bank.
40-2b18
Real estate investment trusts.
40-2b19
Prior lawful investments.
40-2b20
Adoption of nominee name; designation of bank or trust company as trustee; defining clearing corporation.
40-2b21
Securities lending, repurchase and reverse repurchase transactions; requirements; definitions.
40-2b22
Repealed.
40-2b23
Stock in any insurance company, health maintenance organization, incorporated insurance agency or holding corporation.
40-2b24
Investment companies; money market mutual funds.
40-2b25
Financial futures contracts; definitions; use for hedging purposes; replication transactions; rules and regulations.
40-2b26
Mortgage related securities.
40-2b27
Medium and lower grade obligations; definitions.
40-2b28
Same; limitations; exceptions; insurance company required to adopt written investment plan.
40-2b29
Investment in asset-backed securities; conditions; definitions.
40-2b30
Accounting methods, when; hedging transactions.
Article 2c.—RISK-BASED CAPITAL REQUIREMENTS
40-2c01
Risk-based capital requirements; definitions.
40-2c01a
Repealed.
40-2c02
Risk-based capital report.
40-2c03
Determination of risk-based capital.
40-2c04
Risk-based capital report; adjustment.
40-2c05
Company action level event; defined.
40-2c06
Submission of RBC plan.
40-2c07
Risk-based capital plan; submission.
40-2c08
Same; notification by commissioner.
40-2c09
Same; notification a regulatory action level event.
40-2c10
Domestic insurer to file RBC plan in any state authorized to do business.
40-2c11
Regulatory action level event; defined.
40-2c12
Same; commissioner's duties in regulatory action level event.
40-2c13
Corrective actions; submission of RBC plans, when.
40-2c14
Review of RBC plans; expenses.
40-2c15
Authorized control level event; defined.
40-2c16
Same; commissioner's duties in authorized control level event.
40-2c17
Mandatory control event; defined.
40-2c18
Same; commissioner's actions.
40-2c19
Hearing under Kansas administrative procedure act.
40-2c20
RBC reports, plans and corrective orders are confidential; not to be used by commissioner for rate making.
40-2c21
Comparison of insurer's total adjusted capital to RBC levels, prohibited generally.
40-2c22
Provisions of act supplemental to other provisions of law.
40-2c23
Foreign insurer RBC report, when.
40-2c24
Commissioner may require foreign insurer to file RBC plan, when.
40-2c25
Mandatory control level event; foreign insurer; liquidation of property.
40-2c26
Notices by commissioner; effective, when.
40-2c27
Invalidity of act.
40-2c28
Property and casualty insurer exempt; when.
40-2c29
RBC; rules and regulations; conditions.
Article 2d.—HEALTH ORGANIZATION RISK-BASED CAPITAL REQUIREMENTS
40-2d01
Risk-based capital requirements; definitions.
40-2d02
Risk-based capital report.
40-2d03
Determination of risk-based capital.
40-2d04
Risk-based capital report; adjustment.
40-2d05
Company action level event; defined.
40-2d06
Submission of RBC plan.
40-2d07
Risk-based capital plan; submission.
40-2d08
Same; notification by commissioner.
40-2d09
Same; notification of a regulatory action event.
40-2d10
Domestic health organization to file RBC plan in any state authorized to do business.
40-2d11
Regulatory action level event.
40-2d12
Same; commissioner's duties in regulatory action level event.
40-2d13
Corrective actions; submission of RBC plans, when.
40-2d14
Review of RBC plans; expenses.
40-2d15
Authorized control level event; defined.
40-2d16
Same; commissioner's duties in authorized control level event.
40-2d17
Mandatory control event; defined.
40-2d18
Same; commissioner's actions.
40-2d19
Hearing under Kansas administrative procedure act.
40-2d20
RBC reports, plans and corrective orders are confidential; not to be used for rate making.
40-2d21
Comparison of health organization's total adjusted capital to RBC levels, prohibited generally.
40-2d22
Provisions of act supplemental to other provisions of law.
40-2d23
Foreign health organization; RBC report.
40-2d24
Commissioner may require foreign health insurer to file RBC plan, when.
40-2d25
Mandatory control level event; foreign health organization; liquidation of property.
40-2d26
Notices by commissioner; effective, when.
40-2d27
Invalidity of act.
40-2d28
Regulatory action provisions; phase in.
40-2d29
Rules and regulations.
40-2d30
Health organization risk-based capital act; citation.
Article 3.—ORGANIZATION, MERGER OR CONSOLIDATION OF STOCK COMPANIES
40-301
Definition of insurance company.
40-302
Minimum capital; par value of stock.
40-303
Powers of board of directors.
40-304
Subscription of stock.
40-305
Directors; numbers; election; oath.
40-306
Officers and agents; signatures to contracts.
40-307
Amendment of charter; increase or decrease of capital.
40-308
Transfer of stock; application of dividends on notes or obligations of stockholders.
40-309
Union, merger or consolidation; reinsurance.
40-310
Additional kinds of insurance authorized; surplus and deposit requirements.
Article 4.—GENERAL PROVISIONS RELATING TO LIFE INSURANCE COMPANIES
40-401
Formation of company on stock or mutual plan; powers of companies; combination policies; specified disease and critical illness riders; organizational requirements; guaranty funds; deposits with joint custodians; withdrawals, when; paid-up capital stock, surplus and deposit requirements; rules and regulations.
40-402
Paid-up capital stock, surplus; deposit of securities.
40-403
Repealed.
40-403a
Repealed.
40-403b
Same; foreign companies.
40-403c
Repealed.
40-404
Repealed.
40-404a
Repealed.
40-404b
Repealed.
40-404c
Repealed.
40-405
Repealed.
40-406
Repealed.
40-407
Repealed.
40-408
Repealed.
40-409
Valuation of policies; compensation of actuary; standard valuation law; commissioners' reserve valuation method; lapse rates; aggregate reserves; calculations; Kansas companies doing business in another state; annual opinion by actuary on reserves; confidential; valuation manual; principle-based valuation; single state exemption.
40-410
Cancellation of policy for nonpayment of premiums; notice, when; policyowner defined.
40-411
Notice of intention to cancel policy for nonpayment of premium; time for payment.
40-412
When action to be maintained on insurance contract.
40-413
Death of beneficiary in policy; duties of insurance company.
40-414
Exemption of interests in policies; exceptions.
40-414a
Trust provisions in contracts; restrictions on alienation; exemptions.
40-415
Insurance to go to estate of insured when beneficiary dies before insured.
40-416
Subsequent agreements.
40-417
Fraud and perjury; penalty.
40-418
Materiality of misrepresentation in obtaining policy.
40-419
Tender of premiums with defense of misrepresentation.
40-419a
Refund upon cancellation of individual term policy; calculation.
40-420
Contents of insurance policy; exceptions.
40-420a
Policy loan interest rates; purpose.
40-420b
Same; definitions.
40-420c
Same; methods to determine interest rates; definitions.
40-420d
Same; applicability to policies.
40-421
Provisions insurance policy not to contain.
40-422
Industrial life insurance; definitions.
40-423
Same; contents of industrial life insurance policy; exceptions; surrender.
40-424
Same; designation of beneficiary; change of; payments.
40-425
Same; cash surrender value and value of stipulated form to be equal.
40-426
Same; commissioner may authorize policies more favorable.
40-427
Nonforfeiture benefits and cash surrender values in life policies issued prior to the operative date of K.S.A. 40-428.
40-428
Standard nonforfeiture law.
40-428a
Repealed.
40-429
Loan provisions in policies.
40-430
Repealed.
40-431
Definition of due date for the payment of premiums and of when premium in default.
40-432
Invalidity of part.
40-433
Group life insurance; types of policies and requirements.
40-433a
Same; provision granting employee right of assignment of benefits.
40-434
Same; policy provisions required.
40-435
Same; conversion privileges; notice.
40-436
Establishment of separate accounts; investment and handling; contracts for benefits in variable amounts; limitation and regulation of issuance; authority of commissioner; rules and regulations.
40-437
Same; application of other laws; variable life contracts, provisions required; reserve liability requirements.
40-438
Same; severability.
40-439
Assignment of rights and privileges under life and accident and health insurance policies.
40-440
Same; act acknowledges existing right of assignment.
40-441
Designation of trustee under will as beneficiary of life insurance policy.
40-442
Issuance of life insurance policy; filing of form prior to issuance.
40-443
Same; approval of commissioner.
40-444
Same; disapproval of policy form; notice, requirements; hearing.
40-445
Same; withdrawal of approval; notice and hearing; unlawful for insurer to issue or use such form.
40-446
Repealed.
40-447
Payment of life insurance proceeds; interest required to be paid, when.
40-448
Transfer of domicile of domestic company; approval of commissioner; admittance as foreign insurer; deposit of securities; certificate of secretary of state; continuation of existing authority and policies; nonrecognition of transfer for certain purposes.
40-449
Policies covering debtors, replacement by creditor; limitation on contestation.
40-450
Life insurance; insurable interests; assignments to charitable, benevolent, educational and religious institutions.
40-451
Coverage temporarily effective, when; written receipt for premium may exclude, void or limit coverage; refund of unearned premium.
40-452
Life insurance; employer's insurable interest in employees; when.
40-453
Life insurance; insurable interest.
40-454 through 40-460
Reserved.
40-461
Structured settlement protection act; definitions.
40-462
Same; disclosure statement, contents.
40-463
Same; approval of transfer; required findings.
40-464
Same; discharge of structured settlement obligor and annuity issuer, when; liability of transferee.
40-465
Same; application for approval of transfer of structured settlement payment rights; procedure.
40-466
Same; limitations on provisions of transfer agreement.
40-467
Same; citation of act; applicability to workers compensation.
40-468 through 40-4,100
Reserved.
40-4,101
Standard nonforfeiture law for individual deferred annuities; citation of act.
40-4,102
Same; application.
40-4,103
Same; nonforfeiture requirements.
40-4,104
Same; minimum values; rules and regulations.
40-4,105
Same; computation of present value.
40-4,106
Same; calculation of cash surrender value.
40-4,107
Same; calculation of paid-up annuity benefits.
40-4,108
Same; maturity date.
40-4,109
Same; disclosure of death benefits.
40-4,110
Same; inclusion of lapse of time considerations.
40-4,111
Same; proration of values; additional benefits.
40-4,112
Same; rules and regulations.
40-4,113
Same; effective date.
40-4,114 through 40-4,200
Reserved.
40-4,201
Unclaimed life insurance benefits act; citation.
40-4,202
Same; definitions.
40-4,203
Same; comparison to death master file; determination of beneficiaries, process; escheat to state, when.
Article 5.—MUTUAL LIFE INSURANCE COMPANIES
40-501
Formation.
40-502
Directors and officers; vacancies; elections.
40-503
Seal; bylaws.
40-504
Certificate of authority; procedure and fee; duties of attorney general.
40-505
Suspension of business.
40-506
Issuance of participating and nonparticipating insurance and annuities by mutual life insurance companies.
40-507
Merger or consolidation; order of commissioner directing delivery of assets.
40-508
Same; merger and consolidation defined.
40-509
Same; resolution of boards of directors.
40-510
Same; merger or consolidation of companies; filing agreement with commissioner; hearing; disapproval, grounds; notice of disapproval.
40-511
Same; approval by two-thirds vote of policyholders; notice of meeting; summary of agreement.
40-512
Same; impaired insurer.
40-513
Same; articles of merger or consolidation, requirements.
40-514
Same; articles of merger or consolidation, examination by commissioner; approval; filings; effect of commissioner's approval.
40-515
Same; compensation of directors and officers; criminal penalties.
40-516
Same; act supplemental to insurance code; severability.
Article 6.—MUTUAL ASSESSMENT LIFE ASSOCIATIONS
40-601
Mutual assessment life associations; types of insurance permitted; liability of policyholders; deposit of securities.
40-602
Formation; directors and officers; annual meeting.
40-603
What policy to state.
40-604
Regulations and restrictions.
40-605
Policy not contestable; assessment to pay policy on maturity; payment to beneficiary.
40-606
Suspension of business and reinsurance.
40-607
Regulations and restrictions of foreign mutual assessment life associations.
40-608
Reserve funds; reports.
40-609
Act not to apply to certain associations.
Article 7.—FRATERNAL BENEFIT SOCIETIES
40-701
Repealed.
40-702
Repealed.
40-703
Repealed.
40-704
Repealed.
40-705
Repealed.
40-706
Repealed.
40-706a
Repealed.
40-707
Repealed.
40-708
Repealed.
40-709
Repealed.
40-710
Repealed.
40-711
Repealed.
40-712
Repealed.
40-713
Repealed.
40-714
Repealed.
40-715
Repealed.
40-716
Repealed.
40-717
Repealed.
40-718
Repealed.
40-719, 40-720
Repealed.
40-721
Repealed.
40-722
Repealed.
40-723, 40-724
Repealed.
40-725
Repealed.
40-726 through 40-737
Repealed.
40-738
Definitions.
40-739
Operation on lodge system; subordinate lodges required to hold regular meetings; lodges for children.
40-740
Representative form of government; election and voting criteria.
40-741
Definitions.
40-742
Operation for benefit of members; authorized insurance business and purposes; specification of persons who may be covered; adoption of laws and rules governing society's operation.
40-743
Laws and rules; provisions relating to membership to be specified.
40-744
Location of principal office; supreme governing body, location of meetings, minutes of proceedings; official publication for notices; mailings; grievance or complaint procedures.
40-745
Personal liability of supreme governing body officers and members; indemnification and reimbursement for expenses and liabilities of directors, officers, employees and agents of society and other entities; liability insurance.
40-746
Society's laws nonwaivable by subordinate bodies, officers or members.
40-747
Beneficiary designations; payment of funeral benefits to persons incurring expense therefor; payment of proceeds when no lawful beneficiary.
40-748
Benefits not subject to attachment, garnishment or process.
40-749
Benefit contracts; certificate to be issued to owners; statements on application representations; effect of amendments to society's laws; contracts on lives of minors; impairment of reserves; copies of documents to be received as evidence; certificates to be filed with commissioner; standard contract provision requirements; transfer of contract to minor on attaining minimum age; assignment of contracts.
40-750
Valuation of paid-up nonforfeiture benefits, cash surrender values and loan or other options.
40-751
Investment of funds.
40-752
Holding of assets; creation of special funds; establishment of separate accounts; issuance of contracts on variable basis.
40-753
Insurance laws application to societies.
40-754
Standards of valuation for certificates; mortality tables; maintenance of reserves in excess of those required.
40-755
Annual statement to include valuation of certificates in force; certification or verification of actuary.
40-756
Licenses continued in force upon payment of fees; certified copy of license prima facie evidence licensee is society.
40-757
Examinations; notice and opportunity to respond; payment of expenses.
40-758
Foreign and alien societies to procure license to transact business in state; filing and other requirements.
40-759
Deficiencies in operation by domestic society; notice to correct; show cause requirement upon failure to correct; injunction or quo warranto action by attorney general; recommencement of business; liquidation; receiver; procedures applicable to society voluntarily discontinuing business.
40-760
Deficiencies in operation by foreign or alien society; notice to correct; show cause requirement upon failure to correct; suspension, revocation or refusal of authority to do business; certain contracts authorized to be continued.
40-761
Application or petition for injunction required to be made by attorney general on request of commissioner.
40-762
Agents, licensing, certification and examination; exemption therefrom for certain agents, representatives and members; society to maintain record of exempted representatives; information thereof and of change of exempt status to be furnished to commissioner; continuing education requirements.
40-763
Societies and agents subject to law regulating trade practices; construction and application thereof.
40-764
Formation requirements; incorporators; articles of incorporation; documents to be filed with commissioner; bond; preliminary certificate of authority, expiration; solicitation of members upon receipt of preliminary certificate; conditions precedent to incurring liabilities or paying benefits; issuance of certificate of authority; societies incorporated on act's effective date not required to reincorporate.
40-765
Amendment of domestic society's laws; procedures; approval by commissioner; amendments or synopsis thereof to be furnished to members; amendments and additions to be furnished to commissioner; printed copies prima facie evidence of legal adoption.
40-766
Establishment and operation of not for profit institutions to further purposes of society; compensation for institutions' services; annual statement to include property held for such purposes.
40-767
Reinsurance; limitations; credit for reserves on ceded risks.
40-768
Consolidation or merger of domestic society; documents and evidence to be filed with commissioner; approval of commissioner; effective date; societies incorporated under laws of foreign state; transfer of rights and property to society resulting or remaining after transaction; affidavit prima facie evidence of furnishing notice or documents.
40-769
Conversion of society into mutual or stock life insurance company.
40-770
Same; submission of proposal to supreme legislative body; notice to be furnished members and policyholders; meeting of subordinate lodges or branches on proposal; election of delegates to supreme legislative body; approval of plan by commissioner; options for members or policyholders upon conversion.
40-771
Same; adoption of resolution by delegates to supreme legislative body; certificate to be filed with commissioner by directors of society; contents.
40-772
Same; report of meeting to be filed with commissioner.
40-773
Same; conversion into stock company; purchase of stock; notice to members or policyholders of right to purchase; preference; limitation; nonmembers of society.
40-774
Same; status of corporation upon conversion; reserves on policies issued prior to conversion; succession to rights and property of society; power of commissioner to order divestiture or revaluation.
40-775
Same; preservation of rights of members, policyholders and creditors of society as obligations of new corporation; appointment of commissioner as process agent.
40-776
Same; obligation of new corporation to perform obligations of society; preservation of pending legal actions.
40-777
Appointment of commissioner as process agent; time for society to file pleadings after receiving copy of notice.
40-778
Review of commissioner's decisions.
40-779
Penalties for violations.
40-780
Application of act to exempted societies and organizations; information required by commissioner.
40-781
Rules and regulations.
40-782
Severability of act.
Article 8.—BURIAL INSURANCE
40-801
Repealed.
40-802, 40-803
Repealed.
40-804
Repealed.
40-805
Repealed.
40-806
Continued transactions by burial insurance corporations engaging in business on January 1, 1961; conditions; limitation on risks.
Article 9.—GENERAL PROVISIONS RELATING TO FIRE INSURANCE COMPANIES
40-901
Kinds of business authorized; paid-up capital and surplus requirements; limitations on size of a single risk.
40-902
Deposit of securities by stock insurance company.
40-903
Repealed.
40-904
Repealed.
40-905
Statement of value in policy; evidence of ownership of property; exceptions.
40-906
Inspection and description of premises.
40-907
Vacancy of premises.
40-908
Attorney fees in certain actions.
40-909
Repealed.
40-910
Repealed.
40-911
Repealed.
40-912
Repealed.
40-913
Repealed.
40-914 through 40-916
Repealed.
40-917
Repealed.
40-918
Repealed.
40-919
Repealed.
40-920
Repealed.
40-921
Repealed.
40-922
Repealed.
40-923
Repealed.
40-924
Proof of loss by fire or tornado; insurer to furnish blanks and directions.
40-925
Repealed.
40-926
Repealed.
40-927
Repealed.
40-928
Repealed.
40-928a
Repealed.
40-929
Repealed.
40-929a
Repealed.
40-930
Repealed.
40-931
Repealed.
40-932 through 40-936
Repealed.
40-937
Repealed.
40-938
Same; false or misleading information; penalties.
40-939
Repealed.
40-940
Repealed.
40-941 through 40-943
Repealed.
40-944, 40-945
Repealed.
40-946 through 40-950
Reserved.
40-951
Fire and casualty insurance rates; purpose of act.
40-952
Same; application of act.
40-953
Same; excessive, inadequate or unfairly discriminatory rates or rates resulting in destruction of competition, standards.
40-954
Same; determining factors; expense provisions; classification of risks; modification for individual risks; contingencies and allowances for profit; exemptions; mandatory rating plan use.
40-955
Rate filings; review and approval of certain lines; effective dates; exemptions from filing; certain workers compensation policies; rules and regulations.
40-955a
Repealed.
40-955b
Same; rate filings; premium variance, when allowed.
40-956
Same; rating organizations; licensure, fee, suspension or revocation; subscriber discrimination and certain rules prohibited; examinations, costs; authorized cooperation and transactions.
40-957
Same; advisory organizations; required filings; insurers and rating organizations prohibited from relying on statistics, when.
40-958
Same; deviations from rating organization filings.
40-959
Same; appeal of rating organization decision; hearing; order.
40-960
Same; information to be furnished insureds; grievance procedures; appeals to commissioner.
40-961
Same; statistical plans for reporting loss and expense data; rules and regulations.
40-962
Same; withholding or giving false or misleading information prohibited.
40-963
Same; violations; penalties.
40-964
Same; hearings under administrative procedure act.
40-965
Same; review of commissioner's actions; rates pending final determination of court.
40-966
Premiums; account charged in accordance with act; rebates and other inducements prohibited.
40-967
Same; severability.
40-968, 40-969
Reserved.
40-970
Property/casualty flex-rating regulatory improvement act; rate increase or decrease, limitation on.
40-971
Same; rates in excess of limitation of preceding section.
40-972
Same; procedure; duties of commissioner.
40-973
Same; effect on existing policy, limitation on.
40-974
Same; definitions.
40-975
Same; citation of act.
Article 10.—MUTUAL FIRE AND TORNADO COMPANIES
40-1001
Mutual company for insurance against fire, lightning, tornado, hail or explosion; exceptions; extended coverage endorsements; limitations.
40-1001a
Authority to insure glass breakage, vandalism and theft in addition to coverage under K.S.A. 40-1001; reserve fund and security deposit; requirements.
40-1002
Classification of insurable property.
40-1003
No policy issued until required application, premium notes and securities received.
40-1004
Directors; election; vacancy.
40-1005
Annual meeting of members; proxies.
40-1006
Officers; election; term.
40-1007
Deposit notes.
40-1008
Liability for losses; assessments; indebtedness.
40-1009
Recovery of assessments or on notes; cash policies not assessable.
40-1010
Suits for collection of assessments; liability of officers and directors; suits against company for losses.
40-1011
Property to be assessed and taxed.
40-1012
Bylaws.
40-1013
Classification of risks.
40-1014
Term of policies.
40-1015
Withdrawal of member of company; return premium; cancellation of policy, notice.
40-1016
Limitation on amount of risk; reinsurance.
40-1017
Execution and contents of policy.
40-1018
Reserve fund.
40-1019
Statement for annual meeting.
40-1020
Other corporations as members of company; vote.
40-1021
Guarantee fund.
40-1022
Creation and investment of such fund; liability.
40-1023
Scope of insurance by companies having guarantee fund; foreign companies.
40-1024
Cash or notes in payment of premiums; liability of members of company.
40-1025
Notice of creation of guarantee fund; examination; certificate of authority.
40-1026
Reinsurance of risks; assessment.
40-1027
Mutual fire and tornado companies; paid-up capital and surplus requirements.
40-1028
Consolidation of business into one class; vote of directors.
40-1029
Advances of money and issuance of certificates of indebtedness.
Article 11.—GENERAL PROVISIONS RELATIVE TO CASUALTY, SURETY AND FIDELITY COMPANIES
40-1101
Insurance company defined.
40-1102
Kinds of insurance and reinsurance authorized; limitations; paid-up capital and surplus requirements.
40-1103
Paid-up capital stock and surplus required; deposits of securities; amount.
40-1104
Regulation of foreign companies; capital stock and surplus required.
40-1105
Revocation of certificate of authority, when.
40-1106
Repealed.
40-1107
Maximum amount of one risk or hazard; exceptions.
40-1107a
Same; title insurance company; exceptions.
40-1108
Reserves of surety company.
40-1109
Repealed.
40-1109a, 40-1109b
Repealed.
40-1110
Supplemental coverages or endorsements in connection with liability policies.
40-1111
Repealed.
40-1111a
Repealed.
40-1112
Repealed.
40-1112a
Discount for motor vehicle insurance, when; conditions.
40-1113
Repealed.
40-1113a
Repealed.
40-1113b
Repealed.
40-1113c
Repealed.
40-1114
Repealed.
40-1114a
Repealed.
40-1115
Repealed.
40-1116, 40-1117
Repealed.
40-1118
Repealed.
40-1119
Same; false or misleading information; penalty.
40-1120
Repealed.
40-1121
Repealed.
40-1122
Repealed.
40-1123
Repealed.
40-1124
Repealed.
40-1125
Repealed.
40-1126
Reports by insurers of health care providers of any actions to state board of healing arts.
40-1127
Same; content of reports.
40-1128
Same; disclosure.
40-1129
Same; no liability.
40-1130
Repealed.
40-1131
Repealed.
40-1132
Repealed.
40-1133
Repealed.
40-1134
Title insurance companies; policy requirements.
40-1135
Title insurance agencies; purpose.
40-1136
Same; definitions.
40-1137
Title insurance agencies; agents, authorized activities; client funds; escrow accounts, audit; electronic methods of payment authorized.
40-1138
Same; agent record requirements; inspection.
40-1139
Same; financial responsibility requirements.
40-1140
Same; rules and regulations; commissioner's orders.
40-1141
Same; violations and penalties.
Article 12.—MUTUAL INSURANCE COMPANIES OTHER THAN LIFE
40-1201
Authority for formation; directors and officers; elections.
40-1202
Articles of incorporation; name.
40-1203
Kinds of insurance authorized.
40-1204
Certification of authority; conditions for issuance.
40-1205
Corporate membership; personal liability.
40-1206
Number of votes of members.
40-1207
Premiums, premium deposits; limitation on liability of policyholder; acceptance of notes for premiums in certain cases; determination of unearned premium reserves on certain policies.
40-1208
Reserves.
40-1209
Advancements to company; annual report; commission or promotion expenses prohibited; approval of commissioner to issue or retire certificates of indebtedness.
40-1210
Foreign mutual insurance companies; paid-up capital and surplus requirements.
40-1211
Premium tax; in lieu of certain other taxes.
40-1212
Repealed.
40-1213
Certain existing companies or associations.
40-1214
Repealed.
40-1215
Charter and other papers to be filed; approval; authorization.
40-1216
Merger or consolidation of certain mutual companies other than life.
40-1217
Merger or consolidation of certain mutual companies other than life; powers of merged company.
40-1218
Same; procedure.
40-1219
Same; vote of policyholders on agreement; meetings of policyholders, notice; required votes.
40-1219a
Same; approval of policyholders of merger or consolidation of certain mutual companies not required.
40-1220
Same; application for approval of agreement by commissioner of insurance and policyholders; requirements.
40-1221
Same; approval by commissioner.
40-1222
Same; filing of approved or disapproved application or agreement; effect of consolidation or merger.
40-1223
Same; rights of dissatisfied policyholders; appraisement of interest; award; costs; judgment, when.
40-1224
Same; fees of officers or directors, prohibited unless disclosed; penalty.
40-1225
Same; construction of act; invalidity of part.
40-1226
Additional kinds of insurance authorized; surplus and deposit requirements.
Article 12a.—MUTUAL INSURANCE COMPANIES ORGANIZED TO PROVIDE HEALTH CARE PROVIDER LIABILITY INSURANCE
40-12a01
Definitions.
40-12a02
Formation and operation; purpose.
40-12a03
Board of directors; selection; officers.
40-12a04
Articles of incorporation.
40-12a05
Bylaws.
40-12a06
Insurance authorized to be written; authority to contract with joint underwriting authority and write insurance under plan.
40-12a07
Certificate of authority; issuance; conditions; limitation on amount of risk; surplus; deposit of securities.
40-12a08
Liability of insureds; certain distributions precluded; distribution of dividends.
40-12a09
Annual statement.
Article 13.—MUTUAL INDEMNITY ASSOCIATIONS
40-1301
Repealed.
40-1302
Repealed.
40-1303
Repealed.
40-1304
Repealed.
40-1305 through 40-1311
Repealed.
40-1312
Mutual indemnity associations transacting business on June 30, 1961, authorized to continue; conditions.
Article 14.—MUTUAL ASSESSMENT HEALTH AND ACCIDENT ASSOCIATIONS (Not in active use)
40-1401
Repealed.
40-1402
Repealed.
40-1403
Repealed.
40-1404
Repealed.
40-1405
Repealed.
40-1406 through 40-1408
Repealed.
40-1409
Repealed.
40-1410
Repealed.
Article 15.—MUTUAL HAIL INSURANCE COMPANIES
40-1501
Formation of companies; membership fee.
40-1502
Statement of incorporators to be filed; contents of charter; deposit of securities; certificate of authority.
40-1503
Application for insurance; premium; insured as members of company.
40-1504
Assessments; adjustment and payment of losses; losses paid when adjusted, when.
40-1505
Recovery of assessments; limitation of liability of member.
40-1506
Reserve fund; investment.
40-1507
Annual meeting; voting of members.
40-1508
Officers; election; term.
40-1509
Meetings of directors.
40-1510
Powers and duties of directors; bylaws; duties and compensation of officers; rates of insurance and membership fees.
40-1511
Directors; election; vacancy.
40-1512
Policies; liability; membership.
40-1513
Misrepresentations by assured.
40-1514
Withdrawal by policyholder.
40-1515
Uniform rates for same class of risks.
40-1516
Unlawful acts of foreign companies; reinsurance therewith by domestic company prohibited.
40-1517
Attorney's fee in actions.
40-1518
Reinsurance; approval of commissioner.
40-1519
Insuring or reinsuring growing crops against direct loss or damage by fire, when; insuring harvested crops being transported for any loss.
Article 16.—RECIPROCAL OR INTERINSURANCE CONTRACTS
40-1601
Exchange contracts authorized.
40-1602
Execution of contracts by attorney-in-fact.
40-1603
Domestic reciprocal; attorney-in-fact; declarations.
40-1604
Statements filed by attorney-in-fact with commissioner; amount of indemnity.
40-1605
Maintenance of unearned premiums and reserves; surplus funds; conditions.
40-1606
Advancements to company; conditions.
40-1607
Service of process upon commissioner; fee; suits by and against subscribers.
40-1608
Bond of attorney and employees.
40-1609
Power of corporation to exchange contracts.
40-1610
Certificate of authority; revocation or suspension.
40-1611
Levies and taxes on premiums; payment; deductions.
40-1612
Certain provisions of code to reciprocals.
40-1613
Authority to write fidelity and surety bonds; conditions.
40-1614
Repealed.
40-1615
Merger of Armed Forces Cooperative Insuring Association with Armed Forces Insurance Exchange; definitions.
40-1616
Same; approval; assumption of policies and business by surviving entity.
40-1617
Same; merger agreement; approval; submission to insurance commissioner.
40-1618
Same; information required to be filed with insurance commissioner; notice and hearing on merger; approval, when; costs.
40-1619
Same; construction of act; exemption from certain provisions of law.
40-1620
Conversion of insurance company into insurance reciprocal; conversion plan requirements; approval; definitions.
40-1621
Same; hearing on conversion plan.
40-1622
Same; act supplemental to article 16.
40-1623
Definitions.
40-1624
Reciprocal; business name.
40-1625
Reciprocal; board of directors; requirements on; powers and duties.
40-1626
Subscriber's agreement; requirements.
40-1627
Modification of power of attorney; filing requirements.
40-1628
Reciprocal; return of savings to subscriber accounts.
40-1629
Domestic reciprocal; liquidation; requirements on.
40-1630
Reciprocal; assessable insurance policies, prohibition against issuance.
40-1631
Conversion of reciprocal to a mutual insurance company; conversion plan requirements; approval; definitions.
Article 17.—FIREFIGHTERS RELIEF ACT
40-1701
Definitions.
40-1702
Return of accounts of premiums by insurance companies; filing of plats of areas provided fire protection.
40-1703
Assessment of tax of premiums, payment.
40-1704
Books of account; fraud.
40-1705
Repealed.
40-1706
Financial reports of firefighters relief associations, filing, proceedings for improper expenditures; authorized disposition of tax proceeds; determination and payment of amounts to state and local associations; procedures upon dissolution of local associations; handling and investment of moneys by local association, restrictions.
40-1707
Authorized uses of moneys received by firefighters relief associations; cessation of private fire department, transfer of association funds to state firefighters association, inc.
40-1708
Citation of act.
40-1709
Firefighter health insurance; continuation of coverage.
Article 18.—MUTUAL NONPROFIT HOSPITAL SERVICE CORPORATIONS
40-1801
Repealed.
40-1802
Repealed.
40-1803
Repealed.
40-1804
Repealed.
40-1805
Repealed.
40-1806
Repealed.
40-1807, 40-1808
Repealed.
40-1809
Repealed.
40-1810
Repealed.
40-1811
Repealed.
40-1812
Repealed.
40-1813
Repealed.
40-1814, 40-1815
Repealed.
40-1816
Repealed.
Article 19.—NONPROFIT MEDICAL SERVICE CORPORATIONS
40-1901
Repealed.
40-1902
Repealed.
40-1903
Repealed.
40-1904
Repealed.
40-1905
Repealed.
40-1906
Repealed.
40-1907
Repealed.
40-1908
Repealed.
40-1909
Repealed.
40-1910
Repealed.
40-1911
Repealed.
40-1912
Repealed.
40-1913
Repealed.
40-1914
Repealed.
40-1915
Repealed.
Article 19a.—NONPROFIT DENTAL SERVICE CORPORATIONS
40-19a01
Citation of act.
40-19a02
Organization; purposes; function as administrative agent for group programs.
40-19a03
Membership of corporation; participating agreements from dentists; board of directors.
40-19a04
Contracts; authorization.
40-19a05
Certificate of authority; conditions.
40-19a06
Subscription agreements.
40-19a07
Repealed.
40-19a08
Subscription charges.
40-19a09
Advance of money; reports.
40-19a10
Insurance code sections applicable; medicaid coverage.
40-19a11
Disbursement limitations; administrative expenses defined.
40-19a12
Surplus; how distributed.
40-19a13
Workmen's compensation law unaffected.
40-19a14
Transaction of business by foreign corporation.
Article 19b.—NONPROFIT OPTOMETRIC SERVICE CORPORATIONS (Not in active use)
40-19b01 through 40-19b06
Repealed.
40-19b07
Repealed.
40-19b08, 40-19b09
Repealed.
40-19b10
Repealed.
40-19b11 through 40-19b14
Repealed.
Article 19c.—NONPROFIT MEDICAL AND HOSPITAL SERVICE CORPORATIONS
40-19c01
Citation of act.
40-19c02
Merger or consolidation; application and approval by insurance commissioner; penalties.
40-19c03
Organization; purposes; board of directors.
40-19c04
Contracts.
40-19c05
Certificate of authority; conditions.
40-19c06
Subscription agreements; contents; continuation of subscription agreements; converted subscription agreements.
40-19c07
Repealed.
40-19c08
Advance of money; reports.
40-19c09
Corporation and insurance code sections applicable; medicaid coverage.
40-19c09a
Repealed.
40-19c10
Disbursements for soliciting of subscribers and administrative expenses limited; administrative expenses defined; controlling costs.
40-19c11
Transaction of business by foreign corporation.
40-19c12
Corporations mandated to convert to mutual status; procedure; effective date; existing rights and obligations not impaired.
Article 19d.—NONPROFIT PHARMACY SERVICE CORPORATIONS (Not in active use)
40-19d01 through 40-19d06
Repealed.
40-19d07
Repealed.
40-19d08, 40-19d09
Repealed.
40-19d10
Repealed.
40-19d11 through 40-19d14
Repealed.
Article 20.—UNAUTHORIZED INSURERS PROCESS ACT
40-2001
Purpose; legislative declaration.
40-2002
Commissioner as process agent for unauthorized insurer; service of process.
40-2003
Bond of unauthorized insurer before pleading in action; continuance; setting aside service.
40-2004
Attorney fees.
40-2005
Invalidity of part.
40-2006
Title of act.
Article 21.—MISCELLANEOUS PROVISIONS
40-2101
Apportionment agreements among insurers as to persons unable to procure certain insurance.
40-2102
Apportionment or assignment of risk of certain motor vehicle bodily injury and property damage liability insurance; filing of plan; requirements; governing board of plan; membership; meetings, term of office and duties; review of plan; approval; disapproval; procedure; amendment; preparation of plan by commissioner; unreasonable or unfair activities by insurer or rating organization.
40-2103
Same; payment of commissions.
40-2104
Same; invalidity of part.
40-2105
Stock and membership records of stock or mutual life or stock fire or stock casualty companies; inspection.
40-2106
Same; demand for examination; specification of mismanagement; hearing; powers and duties of commissioner.
40-2107
Same; definitions.
40-2108
Apportionment agreements among insurers as to persons unable to procure workmen's compensation and employer liability policies.
40-2109
Apportionment or assignment of risk of certain workers compensation and employer's liability insurance; filing of plan; requirements; governing board of plan; membership, meetings, term of office and duties; review of plan; approval; disapproval; procedure; amendment; preparation of plan by commissioner; unreasonable or unfair activities by insurer or rating organization.
40-2110
Same; payment of commissions.
40-2111
Apportionment or assignment of risk for certain insurance; filing of plan; requirements; governing board of plan, membership, meetings, terms of office and duties; accident and sickness insurance report.
40-2112
Review of plan; approval; disapproval; notice and hearing; order specifying defect in plan; amendment of plan; assignment made under plan.
40-2113
Preparation of plan by commissioner, when; unreasonable or unfair activity or practice by insurer or rating organization; hearing; order.
40-2114
Participating insurer may pay commission to other participating insurer or agent.
40-2115
Hearings; compliance with K.S.A. 40-281 and the Kansas administrative procedure act.
40-2116
Rules and regulations.
40-2117
Uninsurable health insurance plan; citation of act.
40-2118
Uninsurable health insurance plan; definitions.
40-2119
Same; Kansas health insurance association, membership, board of directors; plan of operation, approval of commissioner; powers and duties of association; reinsurance program for medicare supplement policies.
40-2120
Same; plan administering carrier, selection, functions.
40-2121
Same; member assessments; credit for loss assessments against premium and privilege tax liability.
40-2122
Same; persons eligible for plan coverage; termination upon cessation of eligibility; notice of availability of coverage.
40-2123
Same; expenses and services covered under plan; exclusions; plan not subject to coverages mandated by other laws.
40-2124
Same; deductible and copayment provisions; maximum lifetime benefit; preexisting conditions exclusion; reduction of plan benefits for duplicate coverage; recovery of benefits paid for noncovered expenses.
40-2125
Same; loans to finance plan commencement, repayment.
40-2126
Same; uninsurable health insurance plan fund; transfers to fund plan losses; transfer of plan surplus to fund.
40-2127
Same; annual financial report to commissioner; financial examination by commissioner.
40-2128
Same; submission of financial report to joint committee on health care decisions for the 90's; information required.
40-2129
Same; commissioner's recommendations for plan improvements to joint committee, when.
40-2130
Same; form directing withholding or withdrawal of life-sustaining procedures to be provided applicants for coverage; retention upon execution.
40-2131
Same; health service provider agreements; charge to insured not permitted, when.
40-2132
Long-term care partnership act; citation of act.
40-2133
Same; definitions.
40-2134
Same; department of health and environment duties; long-term care partnership policies, benefits of; duties of certain state agencies.
40-2135
Same; duties of commissioner.
40-2136
Same; duties of issuers of long-term care partnership policies; exchange of certain long-term policies.
40-2137
Same; rules and regulations.
40-2138
Payment of claims by property insurer; requirements; dual endorsement not required.
40-2139
Commissions not administrative expenses for purposes of medical loss ratio.
40-2140
Law enforcement officer health insurance; continuation.
40-2141
Emergency personnel health insurance; continuation.
40-2142
Fair plan act; requirements.
40-2143
Predetermination of health care benefits act; predetermination request procedures.
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.
40-2209
Group sickness and accident insurance; eligibility for coverage; open enrollment; late enrollment; special enrollment; preexisting conditions; exclusions; renewal or continuation of benefits, exceptions; factors for eligibility; participation requirements designed for groups through negotiations; provisions required in policies; disability income policies with benefits integrated with social security; continued coverage and converted policies, conditions required; excluding or restricting coverage because medicaid benefits available, prohibited; penalties.
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 K.S.A. 40-2209.
40-2209d
Same; definitions.
40-2209e
Same; plans subject to act; certain laws inapplicable to plans; individual policies not subject to act.
40-2209f
Same; preexisting conditions exclusion, waiver; late enrollee exclusion; underwriting and rating; waiting periods; uniform employer coverage eligibility requirements; minimum participation and contribution requirements.
40-2209g
Same; establishment of business classes by carrier; limitation.
40-2209h
Same; rating; transfer of small employer from one business class to another, limitations; suspension of business class and rate limitations.
40-2209i
Same; carrier sales solicitations, disclosures required.
40-2209j
Same; actuarial certification of underwriting and rating compliance.
40-2209k, 40-2209l
Repealed.
40-2209m
Same; marketing of coverage; prohibited activities; agents and brokers; written denial of coverage; third-party administrators; treatment of affiliated carriers.
40-2209n
Same; rules and regulations.
40-2209o
Same; violations, penalties.
40-2209p
Same; required coverage for all applying small employers; medical service enrollment, limitations; denial of coverage, when; definitions.
40-2210
Blanket sickness and accident insurance; payments, when blanket disability income policy is integrated with social security benefits.
40-2211
Workmen's compensation; insolvency of insured.
40-2212
Same; notice of injury or death; jurisdiction; lien of employee; payment to employee, agent or dependents.
40-2213
Prior policy, rider or endorsement.
40-2214
Repealed.
40-2215
Forms and premium rates, filing, duties of commissioner; procedure; rules and regulations, violations, penalties.
40-2216
Purpose of act.
40-2217
Definitions.
40-2218
Establishment of benefit standards for accident and sickness policies or subscriber contracts; delivery or issuance of policy or contract not meeting standards prohibited, exceptions; identification of policies and contracts.
40-2219
Outline of coverage to accompany policy at issuance or to be delivered at time of application; format and contents of outline.
40-2220
Coverage of loss from pre-existing conditions required, when.
40-2221
Medicare supplement policies; rules and regulations to establish standards; denial of coverage prohibited, when.
40-2221a
Same; notice required prior to termination; reinstatement.
40-2221b
Same; when provisions of K.S.A. 40-2221a not applicable.
40-2222
Health coverage; jurisdiction of commissioner; exceptions.
40-2222a
Same; associations not subject to jurisdiction of commissioner to provide applicants with written notice of nature of coverage.
40-2222b
Healthcare coverage; premium tax, rate, computation, return and payment; exemptions.
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.
40-2227
Same; definitions.
40-2228
Same; rules and regulations; prohibitions; preexisting condition provisions; delivery of outline of coverage upon application required.
40-2228a
Long-term care policies and certificates; reinstatement of lapsed policies or certificates due to cognitive impairment or loss of functional capacity.
40-2228b
Same; notice of lapse or termination; designation of person in addition to applicant to receive notice, waiver; change of designation.
40-2228c
Same; payment of premiums through payroll or pension deduction plan; requirements under K.S.A. 40-2228b; application or enrollment form.
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.
40-2228g
Same; definitions.
40-2228h
Same; claims; procedures; rules and regulations.
40-2229
Mammogram and pap smear coverage; policies to which mandated coverage applicable.
40-2230
Same; when reimbursement or indemnification required; deductibles, coinsurance and other limitations permissible.
40-2231
Continuing care providers; definitions.
40-2232
Continuing care provider; annual disclosure statement; contents; requirement to furnish.
40-2233
Continuing care provider; annual disclosure statement, contract and annual audit; filing with secretary.
40-2234
Continuing care provider; providing contract form to secretary; contents and attachments.
40-2235
Continuing care provider; certificate of registration, application, fee, renewal; nonrenewal appeal right.
40-2236
Repealed.
40-2237
Same; change of ownership or management of provider or home.
40-2238
Continuing care providers; 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 K.S.A. 40-2209 and 40-2215.
40-2242
Same; qualification for employer participation.
40-2243
Same; employee and employer contributions; employee's enrollment in multiple options; enrollment not required, when; payroll deductions.
40-2244, 40-2245
Repealed.
40-2246
Same; employer income tax credit for corporations, computation of amount, reduction of deductions, election to claim, refunds; no inclusion of employer expenses in employee income; application date.
40-2247
Same; exemption from insurance premium tax.
40-2248
Mandated health benefits; impact report to be submitted prior to legislative consideration.
40-2249
Same; contents.
40-2249a
Same; state employee group pilot project for new mandated health benefits.
40-2250
Insurance coverage to include reimbursement for services performed by advanced practice registered nurses.
40-2251
Statistical plan for recording and reporting premiums and loss and expense experience by accident and health insurers; compilation and dissemination; department of health and environment to serve as statistical agent; assessments; penalties for failure to report.
40-2252
Same; rules and regulations.
40-2253
Universal accident and sickness insurance claim forms, design and use; acceptance of claims by insurer; uniform electronic data interchange formats and standards.
40-2254
Group accident and sickness insurance; extension of payment of benefits.
40-2255
Accident and sickness insurance; closing block of business, when.
40-2256
Health benefit plan.
40-2257
Individual policies; renewal or continuation of coverage; exceptions; discontinuance of policy; definitions.
40-2258
Group policies; mental illness, alcoholism, drug abuse or substance use disorder; limitations; exceptions; definitions.
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.
40-2261
Employer providing certain health insurance coverage may offer cafeteria plan; employer not restricted in providing such benefits or coverage; definitions.
40-2262
Expired.
Article 22a.—UTILIZATION REVIEW
40-22a01
Utilization review organization act.
40-22a02
Same; purpose.
40-22a03
Same; definitions.
40-22a04
Utilization review organization act; standards; rules and regulations; certificate; conditions; annual fee; suspension or revocation of certificate.
40-22a05
Same; act not applicable to certain reviews and programs.
40-22a06
Same; certificate not required for certain review activities; certain provisions not applicable to certain organizations.
40-22a07
Same; unlawful acts; penalties; prior notification requirements, limitations on.
40-22a08
Same; examination by commissioner; expenses.
40-22a09
Same; written procedures for utilization review; patient information confidential.
40-22a09a
Same; internal review procedure.
40-22a10
Same; patient information not subject to discovery or subpoena.
40-22a11
Same; rules and regulations.
40-22a12
Same; severability.
40-22a13
External review of adverse health care decisions; definitions.
40-22a14
Same; exceptions; review procedure; confidentiality.
40-22a15
Same; insurance commissioner's powers and duties; external review organizations, decisions, immunity from liability; fees, responsibility for.
40-22a16
Same; judicial review; limitation on duplicative reviews; contractual services; rules and regulations.
40-22a17
Utilization review entities; programming interface required; effective January 1, 2028.
Article 23.—OLD-AGE AND SURVIVORS INSURANCE FOR PUBLIC EMPLOYEES
40-2301
Declaration of policy.
40-2302
Definitions.
40-2303
Agreements to extend benefits of federal system.
40-2304
Contributions by state employees.
40-2305
Plans for coverage of employees of political subdivisions; contributions; late penalty; recovery of delinquent payments; tax levy, use of proceeds.
40-2305a
Certain school employees considered employees of state; referendum; certification.
40-2306
Contributions by state.
40-2306a
Other laws, retirement, annuity and pension plans not affected.
40-2307
Repealed.
40-2308
Rules and regulations.
40-2309
Studies and reports.
Article 24.—REGULATION OF CERTAIN TRADE PRACTICES
40-2401
Purpose of act.
40-2402
Definitions.
40-2403
Unfair methods of competition or unfair and deceptive acts or practices; prohibited.
40-2404
Unfair methods of competition or unfair and deceptive acts or practices; title insurance agents, requirements; disclosure of nonpublic personal information; rules and regulations.
40-2404a
Rules and regulations.
40-2404b
Repealed.
40-2404c
Expired.
40-2405
Repealed.
40-2406
Same; hearing conducted by commissioner.
40-2407
Same; cease and desist orders; penalties; suspension or revocation of license; restitution; modification of order.
40-2408
Same; finality of order; effect.
40-2409
Repealed.
40-2410
Repealed.
40-2411
Same; penalties for violation of cease and desist orders; hearing.
40-2412
Same; provisions additional to existing law.
40-2413
Same; immunity from prosecution, when.
40-2414
Same; invalidity of part.
40-2414a
Rules and regulations to protect armed forces members from dishonest life insurance sales practices.
40-2414b
Short title.
40-2415
Unauthorized insurer's false advertising process act; legislative declaration.
40-2416
Same; definitions.
40-2417
Same; notice of unlawful advertising to insurer and to supervisory official in domiciliary state.
40-2418
Same; failure to comply with notice; action by commissioner.
40-2419
Same; service upon unauthorized insurer.
40-2420
Same; invalidity of part.
40-2421
Same; citation of act.
40-2422 through 40-2424
Reserved.
40-2425
Personal identifier; use of social security number prohibited.
40-2425a
Personal identifier; use of social security number prohibited.
40-2426
Personal identifier; effect of federal law.
40-2427 through 40-2439
Reserved.
40-2440
Kansas health care prompt payment act; citation; effective date.
40-2441
Same; definitions.
40-2442
Same; claims; procedures; rules and regulations; erroneous payment of claims by insurer, limitation on recovery of; audit of pharmacy records, limitations on.
Article 25.—AUTOMOBILE CLUB SERVICES
40-2501
Repealed.
40-2502
Repealed.
40-2503
Repealed.
40-2504
Repealed.
40-2505
Repealed.
40-2506
Repealed.
40-2507
Repealed.
40-2508
Repealed.
40-2509
Repealed.
40-2510
Repealed.
40-2511
Repealed.
40-2512
Repealed.
40-2513
Repealed.
Article 26.—INSURANCE PREMIUM FINANCING
40-2601
Citation of act.
40-2602
Definitions.
40-2603
Act inapplicable, when.
40-2604
Licensure; violation, penalty; continuation, fee; application; authority of commissioner.
40-2605
Investigation by commissioner; issuance of license.
40-2606
Revocation or suspension of license, grounds; hearing; other penalties.
40-2607
Records required to be maintained; examination; fees and expenses; duration.
40-2608
Rules and regulations.
40-2609
Premium finance agreement.
40-2610
Service charges; computation; maximum; refund on prepayment.
40-2611
Delinquency charge.
40-2612
Cancellation of insurance contracts, when; notice; duty of insurer; refund.
40-2613
Agreement as secured transaction.
Article 27.—UNIFORM UNAUTHORIZED INSURERS ACT
40-2701
Purpose of act; legislative declaration.
40-2702
Insurer defined; venue; certificate of authority required; exceptions; acts constituting transaction of business; effect of failure to obtain certificate.
40-2703
Violation of act; action to enjoin or restrain acts; jurisdiction.
40-2704
Secretary of state as process agent for unauthorized insurer; procedure; notice; service of process in other manner.
40-2705
Deposit of bond or procurement of certificate by unauthorized insurer before pleading in action; continuance; setting aside service.
40-2706
Definitions; enforcement of order or decision; reciprocal states; foreign decree.
40-2707
Penalties.
40-2708
Title of act.
40-2709
Invalidity of part.
Article 28.—TAXATION OF COMPANIES
40-2801
Taxation of insurance companies; rate.
40-2802
Same; tax in lieu of ad valorem levies.
40-2803
Same; net income defined for computing tax on life insurance companies.
40-2804
Same; net income for purpose of computing tax on other companies.
40-2805
Same; returns and payment of tax; interest for late return.
40-2806
Same; failure to file return or pay tax; interest and penalties; waiver or reduction.
40-2807
Same; preservation of reports and returns; disclosure of contents unlawful, when; acceptance of employment by commissioner or employees; publication of statistics; inspection of returns by state officials; inspection of returns by federal or other state agencies.
40-2808
Same; rules and regulations.
40-2809
Same; disposition of revenue.
40-2810
Same; political subdivisions prohibited from imposing tax.
40-2811
Same; exemption of certain companies, lodges, societies and associations.
40-2812
Application of K.S.A. 40-2803 and 40-2804.
40-2813
Credit against tax for making certain property accessible to persons with a disability; amount; carryover.
Article 29.—KANSAS INSURANCE GUARANTY ASSOCIATION ACT
40-2901
Purpose and construction.
40-2902
Same; application.
40-2903
Definitions.
40-2904
Same; creation of nonprofit association, membership; functions.
40-2905
Board of directors; membership; selection; vacancies; expenses; removal.
40-2906
Insolvency of insurer; duties of association; powers; certificate of contribution.
40-2906a
Certificate of contribution as asset of insurer; offset against premium tax liability.
40-2907
Same; plan of operation; rules and regulations of commissioner; compliance with plan; provisions of plan.
40-2908
Same; powers and duties of commissioner.
40-2909
Same; assignment of rights to association upon recovery under act; cooperation; actions against insurer; claims against insolvent insurer.
40-2910
Certificate of contribution as asset of insurer; claims; exhaustion of rights under policy; recovery reductions.
40-2911
Same; detection and prevention of insurer insolvencies; reports and recommendations.
40-2912
Same; association subject to examination and regulation by commissioner; financial report.
40-2913
Same; tax exemptions.
40-2914
Same; rates and premiums of policies to include amounts of assessments to association.
40-2915
Same; liability of parties for actions.
40-2916
Same; stay of proceedings to permit defense by association; application to set aside judgment or finding.
40-2917
Termination of operation of association, when; discontinuance of payments to association; distribution of assets of company.
40-2918
Same; rules and regulations.
40-2919
Same; citation of act.
Article 30.—LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT
40-3001
Name and citation of act.
40-3002
Purpose of act.
40-3003
Persons provided coverage; policies and contracts specified.
40-3004
Repealed.
40-3005
Definitions.
40-3006
Creation of Kansas life and health insurance guaranty association; members; functions and powers; accounts; association under supervision of commissioner and insurance laws of state; meetings or records.
40-3007
Board of directors of association; membership; selection; approval; vacancies; compensation; removal.
40-3008
Powers and duties of association; limitations of liability of association; mandatory payment of certain claims.
40-3009
Assessment of member insurers to provide funds for administration of association; classes of assessment; limitations; refunds to insurers; certificates of contribution.
40-3010
Plan of operation; powers of commissioner; rules and regulations; mandatory and permissive provisions of plan; reimbursement for certain payments.
40-3011
Additional powers of commissioner; revocation of authority; appeals; judicial review; notice of effect of act.
40-3012
Duties of commissioner and board for the detection and prevention of insurer impairments; reports and recommendations of board to commissioner.
40-3013
Liability for unpaid assessments of insureds of impaired or insolvent insurers under plan; records of negotiations made public, when; association deemed creditor, when; use of assets of impaired or insolvent insurer; equitable distribution of rights; recovery of distributions.
40-3013a
Statement of existence of association not to be used to induce sales; description document, delivery to policyholder; disclaimer required; notice that policy is excluded from coverage under act.
40-3014
Examination and regulation by commissioner; financial report.
40-3015
Association exempt from certain fees and taxes.
40-3016
Certificates of contributions as assets; percentage offset; refunds, disposition.
40-3017
Liabilities of parties for acts.
40-3018
Stay of proceedings; actions to set aside judgments and defend suits.
40-3019
Application of provisions.
Article 31.—KANSAS AUTOMOBILE INJURY REPARATIONS ACT
40-3101
Citation of act.
40-3102
Purpose.
40-3103
Definitions.
40-3104
Motor vehicle liability insurance coverage required; prohibited vehicle operation; verification; self-insurance; display of proof of financial security; penalties for failure to maintain financial security; reinstatement fees.
40-3105
Exempt vehicles.
40-3106
Prohibited vehicle operation by certain nonresidents; report of violations; declaration of policy coverage by insurers; self-insurers to certify compliance.
40-3107
Motor vehicle liability insurance policies; required contents; exclusions of coverage; legislative interim study.
40-3108
Personal injury protection benefits; authorized exclusions.
40-3109
Same; injuries for which payment of benefits required; liability for payment by two or more insurers; policy providing primary benefit coverage.
40-3110
Same; primary status of benefits, exception; when payable; time limitation on claims; overdue payments.
40-3111
Lawful charges for treatment or occupational training of injured person; action to recover overdue benefits; allowance of attorney's fee.
40-3112
Rehabilitation procedures or treatment and rehabilitative occupational training or retraining.
40-3113
Repealed.
40-3113a
Remedy against a tortfeasor, insurer or self-insurer subrogated, when; credits against future payments; limitation of actions; attorney fees.
40-3114
Duty of employer, physician, hospital, clinic or medical institution to furnish information upon request of insurer or self-insurer; settlement of dispute by district court; copy of information to insured.
40-3115
Mental or physical examination of injured person; written report of examination; availability of report to injured person; evidentiary effect.
40-3116
Assigned claims plan; availability of personal injury protection benefits under plan; subrogation; persons excluded; powers of commissioner; participation by insurers and self-insurers required; violations, penalties.
40-3117
Tort actions; conditions precedent to recovery of damages for pain and suffering.
40-3118
Financial security as prerequisite to motor vehicle registration; certification of owner; documentation; termination of required insurance, notice; verification of certification; insurance company to maintain evidence on file with division, when; suspension of registration and driving privileges, hearing, reinstatement; prima facie evidence of operation of vehicle without financial security; unlawful acts; refund of unearned premium; proof of financial security by electronic means, restrictions.
40-3119
Rules and regulations by commissioner.
40-3120
Reasonable competition and availability of excess coverage unaffected.
40-3121
Severability; K.S.A. 40-3117 declared nonseverable.
40-3122 through 40-3129
Reserved.
40-3130
Automobile accidents; recovery of noneconomic damages, limitations on; exceptions.
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.
40-3205, 40-3206
Repealed.
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 K.S.A. 40-2209 and 40-2215.
40-3209a
Repealed.
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.
Article 33.—INSURANCE HOLDING COMPANIES
40-3301
Declaration of public interest and policy.
40-3302
Definitions.
40-3302a
Repealed.
40-3303
Domestic insurer's acquisition of subsidiaries; authorized investments.
40-3304
Transactions affecting control of domestic insurer; approval of commissioner; statement filed with commissioner, contents, filing fee; substitution of securities registration statement; disapproval of transaction, hearing; consolidated hearing and opt-out; retainer of professionals and experts to assist review; exempt transactions; violations; jurisdiction of courts; service of process.
40-3305
Registration by insurers of an insurance holding company system; exceptions; registration statement, contents; information exempt from disclosure; changes in information disclosed; termination of registration; consolidated registration statements and reports; exemptions; disclaimer of affiliation; enterprise risk report, when required; violations.
40-3306
Material transactions by registered insurers with affiliates; standards; reasonableness of insurer's surplus; notification of certain transactions to commissioner; extraordinary dividends and distributions.
40-3307
Examination of registered insurers; powers of commissioner; expert advisers; expenses, liability of insurers; subpoenas.
40-3308
Confidentiality of information and documents disclosed to or filed with commissioner.
40-3309
Rules, regulations and orders of commissioner; hearings.
40-3310
Enjoining violations; illegally acquired securities; effect on shareholder voting; injunctions; seizure or sequestration of illegally acquired securities; situs of ownership of domestic insurer's securities.
40-3311
Violations of act; penalties.
40-3311a
Same; suspension, revocation or refusal to renew certificate of authority.
40-3312
Repealed.
40-3313
Repealed.
40-3314
Repealed.
40-3315
Liquidation or rehabilitation of insurer; what is recoverable by receiver.
40-3316
Supervisory college; powers of commissioner.
40-3317
Citation of act.
40-3318
Internationally active insurance groups; group-wide supervisor; powers.
Article 34.—HEALTH CARE PROVIDER INSURANCE
40-3401
Definitions.
40-3402
Professional liability insurance to be maintained by health care providers as condition of active licensure to render services in state, exception, limits of coverage; information to be furnished by insurer; termination of coverage, notice; contents of policies issued in state; duties of certain insurance companies; surcharge and information required of certain health care providers; occurrence form policy as alternative to required claims made policy for certain persons.
40-3403
Health care stabilization fund, establishment and administration; board of governors, membership, organization, meetings, executive director and staff and general powers and duties; duties of commissioner of insurance; liability of fund; payments from fund; qualification of health care provider for coverage under fund, termination; liability of provider for acts of other providers; university of Kansas medical center private practice foundation reserve fund, establishment, transfers from; provider coverage options, election; eligibility of psychiatric hospitals and certain inactive providers for coverage; termination of fund liability for certain providers.
40-3403a
Termination of fund coverage; equivalent insurance required.
40-3403b
Health care stabilization fund oversight committee; members, compensation and expenses; duties; legislative staff assistance; information provided for actuarial review, confidentiality, exemption from legal process.
40-3404
Annual premium surcharge; collection by insurer; penalty for failure of insurer to comply; basis of amount of premium surcharge.
40-3404a
Repealed.
40-3405
Repealed.
40-3406
Investment of health care stabilization fund moneys.
40-3407
Payments from fund; claim payments.
40-3407a
Same; expenditures irrespective of time liability incurred or judgment or settlement made.
40-3408
Liability of insurer or self-insurer for injury or death arising out of act or omission of healthcare provider, limitation; fund coverage excess over liability insurance coverage; permissive exclusions from coverage.
40-3409
Service upon board of governors required in action filed in state for injury or death arising out of act or omission of health care provider; time for filing; effect of failure to make service; notification of board of governors required in action filed outside of state; copy of petition involving certain health care providers forwarded to state board of healing arts; defense of action; costs; submission of certain information to board of healing arts.
40-3410
Negotiation of amount of claim to be paid from fund; settlement; procedure for court approval.
40-3411
Commencement of actions upon failure to reach settlement or obtain court approval thereof on amount to be paid from fund; defense of action; attorneys' fees; obligation of provider to attend hearings and trial and give evidence.
40-3412
Actions against health care providers or inactive health care providers; no direct action against fund or insurer; inadmissible evidence; fund not liable for certain damages.
40-3413
Apportionment of risk among insurers; preparation of plan; contents; approval or disapproval; amendment; preparation by commissioner of insurance, when; order to discontinue unfair or unreasonable activities or activities inconsistent with act; governing board, membership; commissions on insurance written under plan; prior acts liability insurance for certain providers, policy limits.
40-3414
Qualification of healthcare provider or system as self-insurer; cancellation of certificate of self-insurance, grounds; payment of surcharge; Kansas soldiers' home, Kansas veterans' home and persons engaged in residency training and persons engaged in a postgraduate training program as self-insurers; health maintenance organizations and related groups; private practice foundations and faculty of university of Kansas medical center.
40-3415
Consultation and assistance in maintaining compliance with act.
40-3416
Report of suspected violations to regulatory agencies; investigation; report to attorney general; injunctive relief.
40-3417
Rules and regulations.
40-3418
Severability of act.
40-3418a
Severability of act.
40-3419
Title of act.
40-3420
Professional corporation which reorganizes as not-for-profit corporation is continuing concern for purposes of obtaining basic coverage under health care provider insurance availability act.
40-3421
Reports by insurers of claims and actions, confidentiality; failure to report, civil penalty; liability of insurers in civil actions.
40-3422
Appeal bond.
40-3423
Annuities purchased by fund.
40-3424
Fund liability for judgments or settlements against inactive healthcare providers.
40-3425
Fund not liable for certain claims.
Article 35.—MORTGAGE GUARANTY INSURANCE COMPANIES
40-3501
Title of act.
40-3502
Definitions.
40-3503
Capital and surplus requirements.
40-3504
Requirements prior to issuance of policies.
40-3505
Insuring of certain risks prohibited.
40-3506
Preparation of information and advertisements concerning real estate investments of financial institutions; prohibited conduct.
40-3507
Investments; prohibitions.
40-3508
Repealed.
40-3509
Certificate of authority; eligibility for; time for compliance.
40-3510
Discrimination in issuing or extending insurance prohibited; requirements on lender by insurance company authorized; examination of borrower and appraisal report required prior to writing insurance.
40-3511
Issuance of insurance to lending institutions; extension of coverage to individual loans; consideration as group policies; owner-occupied, single-family dwelling, borrower not liable to company for deficiency arising from foreclosure sale.
40-3512
Limitation on outstanding liability; temporary waiver.
40-3513
Payments or rebates as inducements or compensation for or in connection with placement of insurance prohibited; penalties for violations.
40-3514
Maintaining funds on deposit with insurance company's own insured prohibited; presumptions; other prohibited practices.
40-3515
Insurance company as member of holding company system; prohibited underwriting activities as condition of certificate of authority; other proscribed activities.
40-3516
Unearned premium reserve requirement.
40-3517
Case basis and other loss reserves requirements.
40-3518
Contingency reserve requirement; withdrawals.
40-3519
Reinsurance; establishment and maintenance of reserves in appropriate proportions by insurance company and reinsurer.
40-3520
Establishment of reserves in accord with law of another state where insurance company licensed.
40-3521
Rules and regulations.
Article 36.—IMPAIRED OR INSOLVENT INSURERS
40-3601
Repealed.
40-3602
Insolvent insurers; offset of unearned premiums by agent; contract provisions with agent, application.
40-3603, 40-3604
Reserved.
40-3605
Citation of act.
40-3606
Application of act.
40-3607
Definitions.
40-3608
Delinquency proceedings; commencement and jurisdiction to determine; authority of court; actions to be brought in district court of Shawnee county.
40-3609
Same; relief granted by court upon application of receiver; limitation.
40-3610
Same; persons required to cooperate with commissioner; definitions; civil and criminal penalties and supervision or revocation of licenses for failure to cooperate or obstruction or interference with commissioner.
40-3611
Same; proceeding commenced prior to effective date of act.
40-3612
Same; restrictions upon insurers subject to delinquency proceedings.
40-3613
Same; supervision of insurer by commissioner, grounds for, determination and order of commissioner; appointment of supervisor; conditions imposed upon insurer; service of notice of hearings and orders; civil penalties for violation of supervision order; enforcement of orders by court; personal liability of persons violating orders resulting in loss.
40-3614
Same; seizure of insurer; petition of commissioner; order of court; vacation of order; petition for hearing and review of order; failure to give notice to affected person.
40-3615
Confidentiality of records and documents in proceedings under K.S.A. 40-3613 and 40-3614; exceptions.
40-3616
Rehabilitation of insurer; application by commissioner for order of court; grounds.
40-3617
Same; order of court, contents; effect of filing or recording order; accounting by rehabilitator; effect of entry of order.
40-3618
Same; appointment of special deputy, counsel, clerks and assistants; payment of costs and expenses; advisory committee; authority and responsibility of rehabilitator; illegal or improper conduct detrimental to insurer, remedies; plans for reorganization or other transformation of insurer; preparation of plan; approval or disapproval by court; implementation.
40-3619
Same; litigation pending at time of entry of rehabilitation order, stay of action or proceeding; duties of court and rehabilitator; statutes of limitation and defenses of laches; rights of guaranty associations; rights of federal home loan banks.
40-3620
Same; petition for liquidation of insurer, when; defense against petition, payment of costs and expenses; termination of rehabilitation, petition and order; payment of costs and expenses.
40-3621
Liquidation of insurer; petition by commissioner; grounds.
40-3622
Same; contents of order; authority and responsibility of liquidator; effect of filing or recording of order; rights and liabilities of parties; insolvency of insurer, findings, petition and declaration by court; accounting by liquidator; appeal from order; appeal pendency plan; order set aside on appeal.
40-3623
Same; continuation of insurance policies in effect at time of order of liquidation.
40-3624
Same; dissolution of corporate existence of insurer; permitting sale of the corporate existence; order of court.
40-3625
Same; authority and responsibility of liquidator; limitation.
40-3626
Same; notice of liquidation order; persons and associations to whom required; publication of notice; notice to specify date before which claims must be filed; change of address of claimants; distribution of assets conclusive if notice given in accordance with section.
40-3627
Same; no actions brought, maintained or further presented against insurer or liquidator after order appointing liquidator; full faith and credit given to orders of other states; intervention in action pending in another state; actions or proceedings on behalf of estate of insurer on or after liquidation; statute of limitations does not run on actions between filing and denial of petition; standing of guaranty association.
40-3628
Same; list of insurer's assets; time for preparation; amending and supplementing list; filing of list.
40-3629
Transfers of property and obligations incurred within one year prior to filing of petition for rehabilitation or liquidation; fraudulent transfers and obligations incurred; fraudulent transactions of insurers with reinsurers; liability of person receiving property fraudulently transferred; limitation.
40-3630
Transfer of property after petition for rehabilitation or liquidation filed; validity; judicial sales of property; liability of person receiving property fraudulently transferred; limitation.
40-3631
Transfer of property; preferences; rights of parties; jurisdiction of district court of Shawnee county; limitation on avoidance of preference.
40-3632
Claims of creditors; allowance; avoidance; filing.
40-3633
Mutual debts and mutual credits; setoff; accounting statements; debts currently due and payable.
40-3634
Payment of reinsurance upon insolvency of ceding insurer.
40-3635
Insurer determined insolvent; proposal to disburse assets; application by liquidator.
40-3636
Claims; proof of claims, form and filing; late filings.
40-3637
Same; proof of claim, form and information required; supplementary evidence and information may be required; judgments and orders; claims of guaranty associations.
40-3638
Same; claims which may be allowed; limitations.
40-3639
Same; denial of claims; objections to denial; claims secured by the undertaking of another, rights to prove and file.
40-3640
Same; value of security held by secured creditor.
40-3641
Claims; priority of distribution; classes established.
40-3642
Same; report and recommendations of liquidator for allowance of claims; contents of report; action by court; claims under insurance policy.
40-3643
Unclaimed fund; deposit in accordance with unclaimed property act.
40-3644
Discharge of liquidator; orders of court.
40-3645
Liquidation proceedings; reopening after termination; order of court.
40-3646
Same; disposition of records; direction by court.
40-3647
Receiverships; audits; filing and payment of costs.
40-3648
Foreign insurers; conservation of property; grounds; notice; terms and filing of court order; liquidation; termination of conservation.
40-3649
Same; liquidation of assets; order of court; grounds; notice; liquidator appointed in another state; petition to federal district court; payment of claims to residents.
40-3650
Same; authority of domiciliary liquidator; authority of commissioner if insurer not domiciled in reciprocal state; filing of claims.
40-3651
Same; appointment of ancillary receiver; order of court; authority of ancillary receiver.
40-3652
Same; supervision or seizure proceedings, authority of commissioner.
40-3653
Liquidation proceedings; begun in state against insurer domiciled in state; claimants residing outside state; filing, proving and allowance of claims.
40-3654
Same; begun in reciprocal state against insurer domiciled in that state; claimants residing in this state; filing, proving and allowance of claims.
40-3655
Same; no attachment, garnishment or levy of execution during pendency of liquidation proceedings.
40-3656
Same; proceeding in this state involving reciprocal states; order of distribution; equal priority of payment of claims from general assets; special deposit claims; secured claims.
40-3657
Same; ancillary receiver in another state or foreign country failing to transfer assets; priority of claims filed in such ancillary receivership; exceptions.
40-3658
Severability of act.
40-3659
Qualified financial contracts; procedures; duties of receiver.
Article 37.—INSURANCE BROKERS
40-3701 through 40-3705
Repealed.
40-3706
Repealed.
40-3707
Repealed.
40-3708 through 40-3710
Repealed.
40-3711
Repealed.
40-3712, 40-3713
Repealed.
40-3714
Repealed.
Article 37a.—REGULATION OF BROKER CONTROLLED INSURERS
40-37a01
Citation of act.
40-37a02
Definitions.
40-37a03
Application of act; application of insurance holding company act.
40-37a04
Written contract between controlling producer and controlled insurer required, minimum provisions; directors' audit committee, review of insurer's loss reserves; loss and commissions information report to commissioner; application of requirements.
40-37a05
Disclosure of producer-insurer relationship to insured.
40-37a06
Failure to comply with law, remedies for benefit of insurer; rights of policyholders, claimants, creditors and other third parties unaffected.
Article 38.—REGULATION AND REGISTRATION OF ADMINISTRATORS
40-3801
Regulation and registration of administrators; definitions.
40-3802
Same; written agreements required; contents.
40-3803
Repealed.
40-3804
Same; payment to administrator of premiums or charges; effect.
40-3805
Regulation and registration of administrators; maintenance of information; confidentiality of examination, audit and inspection documents and information.
40-3806
Same; advertising; prior approval required.
40-3807
Same; premium collection and payment of claims.
40-3808
Same; compensation to administrator.
40-3809
Same; written notice; disclosures.
40-3810
Same; registration requirement.
40-3811
Repealed.
40-3812
Same; home state TPA license; fees.
40-3813
Same; nonresident license; fees.
40-3814
Same; annual report; fees.
40-3815
Same; denial, suspension or revocation of license.
40-3816
Same; delivery of materials.
40-3817
Same; citation of act.
40-3818 through 40-3820
Reserved.
40-3821
Citation and applicability of act; licensure required.
40-3822
Definitions.
40-3823
Licensure; application; required information; fee; material changes in information; confidentiality of documents.
40-3824
Renewal of license, application; fees.
40-3825
Rules and regulations.
40-3826
Statement of charges, hearing; violation; penalty.
40-3827
Pharmacy benefits manager licensure fund.
40-3828
Same; severability.
40-3828a
Denial, revocation or limitation of license.
40-3829
Pharmacy benefits managers; maximum allowable cost pricing; definitions.
40-3830
Same; maximum allowable cost list requirements; frequency of updates; appeals process.
40-3831
Kansas pharmacy patients fair practices act; definitions; limitations on co-payments; no gag order; applicability.
Article 39.—CITIES AND COUNTIES, PAYMENT OF PROCEEDS OF FIRE INSURANCE POLICIES
40-3901
Cities; payment of proceeds of insurance policies; procedure; release of proceeds.
40-3902
Same; creating tax lien in proceeds of insurance policies.
40-3903
Counties; payment of proceeds of insurance policies; procedure; release of proceeds.
40-3904
Same; creating tax lien in proceeds of insurance policies.
40-3905
Cities and counties; notice to commissioner and insurance companies.
40-3906
Same; proof of repairing or rebuilding.
40-3907
Application to all covered claims.
40-3908
Cities and counties not parties to insurance contract.
40-3909
Insurers immune.
40-3910
Commissioner; rules and regulations.
Article 40.—CONVERSION OF DOMESTIC MUTUAL INSURER INTO DOMESTIC STOCK INSURER
40-4001
Conversion authority; review by commissioner; act to be liberally construed.
40-4002
Resolution by board of directors; plan of conversion; approval by commissioner and policyholders; withdrawal or amendment of plan.
40-4003
Repealed.
40-4003a
Plan of conversion; terms and conditions.
40-4003b
Same; establishment of closed block for policyholder dividends.
40-4003c
Continuation in force of policies; extinguishment of policyholder rights.
40-4004
Consideration and approval or disapproval of plan by commissioner; hearings.
40-4005
Same; meeting for approval by policyholders.
40-4006
Limitation on ownership of voting stock of converted insurer; violations; remedies.
40-4007
Prohibition on certain persons benefiting from assistance in conversion.
40-4008
Issuance of certificate of authority as final act of conversion; conversion not to affect rights of insurer.
40-4009
Directors and officers of mutual insurer, service.
40-4010
Securities issued under plan exempt from securities laws.
40-4011
Actions challenging validity of conversion; security required.
40-4012
Rules and regulations.
40-4013
Commissioner to charge insurer for expenses.
40-4014
Filing amended articles of incorporation with secretary of state.
Article 41.—RISK RETENTION AND PURCHASING GROUPS
40-4101
Definitions.
40-4102
Kansas charter; must be licensed insurance company; submission of plan of operation or feasibility study; information required to be provided to national association of insurance commissioners.
40-4103
Requirements of risk retention groups chartered in foreign states; examination by commissioner, when; compliance with order in voluntary dissolution or delinquency proceeding; domestic or foreign chartered groups; taxation; other insurance laws applicable; disclaimer required on policies; prohibited acts.
40-4104 through 40-4107
Repealed.
40-4108
Risk retention group prohibited from joining insolvency guaranty fund.
40-4109
Policy issued to risk retention group not required to be countersigned.
40-4110 through 40-4112
Repealed.
40-4113
Repealed.
40-4114
Rules and regulations.
40-4115
Purchasing groups satisfying criteria of federal law exempt from certain state laws; insurers doing business with purchasing groups exempt from certain state laws.
40-4116
Requirements of purchasing group doing business in state; consent to service of process on commissioner of insurance; provisions not applicable to certain purchasing groups.
40-4117
Purchase of insurance through surplus lines agent or broker required, when.
40-4118
Federal preemption of commissioner's powers; injunctive authority restricted.
40-4119
Agents and brokers for risk retention groups; licensure.
40-4120
Order of United States district court enjoining risk retention group from doing business enforceable in state courts.
Article 42.—PREPAID LEGAL AND DENTAL SERVICE PLANS
40-4201
Definitions.
40-4202
Plan required to enter agreements with providers and members; provider agreement, retention and guarantee of services; membership agreement, terms.
40-4203
Repealed.
40-4204
Utilization of services; payment of provider; right of provider not limited.
40-4205
Books and records, maintenance; examination; confidentiality.
40-4206
Use of provider's name in advertising.
40-4207
Membership fees; fiduciary responsibility of plan; deposit in bank account; records.
40-4208
Basis of compensation paid to plan.
40-4209
Certificate of registration; application; filing fee; issuance or continuation, when.
40-4210
Repealed.
40-4211
Deposit of securities with commissioner to guarantee performance; surety bond or irrevocable letter of credit in lieu of securities deposit.
Article 43.—CAPTIVE INSURANCE COMPANIES
40-4301
Definitions.
40-4302
Certificate of authority to provide insurance coverage; certain risks not authorized to be covered; requirements for doing business; documents and information required to be filed with commissioner; examination and registration fees; issuance of certificate of authority; privacy protections in court proceedings.
40-4303
Name of company; exceptions.
40-4304
Capital requirements.
40-4305
Repealed.
40-4306
Incorporation of companies; incorporators, number and residency requirements; petition of commissioner for issuance of certificate that company promotes welfare of state; certificate and articles of incorporation to be filed with secretary of state; organization fee; capital stock requirements; board of directors, residency requirements; application of general corporation code.
40-4307
Annual report of financial condition.
40-4308
Examination of companies; report; orders; confidentiality.
40-4309
Suspension or revocation of certificate of authority; grounds.
40-4310
Investments; restrictions and limitations.
40-4311
Reinsurance authority; requirements and limitation; credit for reserves on risks ceded.
40-4312
No requirement to join rating organization.
40-4313
Companies prohibited from joining or benefiting from insolvency guarantee funds; notice.
40-4314
Taxation.
40-4315
Statutes regulating trade practices applicable to certain insurance provided by captive insurance companies.
40-4316
Repealed.
40-4317
Rules and regulations; exemptions.
40-4318
General insurance statutes not applicable unless specifically referenced in act; K.S.A. 40-2209 and 40-2215 applicable.
40-4319
Captive insurance companies; pure captive insurance companies; rules and regulations, authority of commissioner.
40-4320
Same; actions requiring prior approval of commissioner.
40-4321
Same; books and records; maintenance requirements.
40-4322
Same; fund established.
40-4323
Same; dormant captive insurance companies; certification of; renewal.
40-4324
Same; notification of material change required.
40-4325
Branch captive insurance companies; establishment.
40-4326
Same; definitions.
40-4327
Same; capital requirements; exemptions.
40-4328
Same; certification of general good required.
40-4329
Same; annual report.
40-4330
Same; examinations; confidentiality.
40-4331
Same; taxation.
40-4332
Special purpose insurance captives; definitions.
40-4333
Same; applicable law.
40-4334
Same; certification required; requirements.
40-4335
Same; plan of operation.
40-4336
Same; commissioner's findings to approve application.
40-4337
Same; incorporation of companies.
40-4338
Same; miscellaneous requirements.
40-4339
Same; contracts.
40-4340
Same; issuance of securities.
40-4341
Same; asset management.
40-4342
Same; admitted assets.
40-4343
Same; prohibited activities.
40-4344
Same; dividends and distributions; limitations.
40-4345
Same; plan of operation; changes.
40-4346
Same; affiliated agreements.
40-4347
Same; annual report.
40-4348
Same; examinations; reports.
40-4349
Same; taxation.
40-4350
Special purpose insurance captives; confidentiality.
40-4351
Same; conservation, rehabilitation or liquidation, grounds for.
40-4352
Same; rules and regulations.
40-4353
Citation of act.
40-4354
Technology-enabled fiduciary financial institution insurance company; powers and duties; types of insurance authorized; naming requirements; payment-in-kind policies; policy provisions.
Article 44.—KANSAS HEALTHY KIDS PROGRAM
40-4401, 40-4402
Repealed.
40-4403
Repealed.
40-4404
Repealed.
40-4405, 40-4406
Repealed.
40-4407
Repealed.
40-4408
Transfer of moneys in healthy kids trust fund to state general fund; healthy kids trust fund abolished.
Article 45.—REGULATION OF REINSURANCE INTERMEDIARIES
40-4501
Citation of act.
40-4502
Definitions.
40-4503
Licensure of reinsurance brokers, managers and intermediaries, application fee; nonresidents, designation of agent for service of process; refund of commissioner to issue license; exemption for attorneys.
40-4504
Contracts between reinsurance brokers and insurers; written authorization required, contents.
40-4505
Same; records to be maintained by reinsurance broker; rights of insurer to access, copy and audit records.
40-4506
Same; conditions; broker to provide insurer annual statement of financial condition.
40-4507
Contracts between reinsurance managers and reinsurers; writing and commissioner's approval required; contents.
40-4508
Same; reinsurance managers precluded from taking certain actions.
40-4509
Same; conditions; manager to provide reinsurer annual statement of financial condition; actuarial opinion on adequacy of loss reserves; authority over retrocessional contracts and syndicate participation; notice of contract termination to commissioner; reinsurance manager, officers, directors, employees, controlling shareholders and subproducers ineligible for appointment to reinsurer board.
40-4510
Examination; access to books, bank accounts and records.
40-4511
Repealed.
40-4512
Rules and regulations.
40-4513
Continuation of existing contracts.
Article 46.—MANAGED CARE
40-4601
Patient protection act; citation.
40-4602
Same; definitions.
40-4603
Same; emergency services, prohibitions on health care plan; prior authorization after condition stabilized; post evaluation or post stabilization services.
40-4604
Same; medically appropriate health care information; advocating on behalf of insured.
40-4605
Same; arrangements which serve as inducement to reduce or limit delivery of medically necessary services prohibited; capitation payments or other risk sharing provisions not considered inducements.
40-4606
Same; health insurer required to inform in writing current and prospective insureds of availability of certain information.
40-4607
Same; provider network required to be sufficient to ensure covered services accessible without unreasonable delay; determination of sufficiency of provider network; plan to provide for referral of insured to specialists under certain conditions; exceptions to requirements.
40-4608
Same; rules and regulations.
40-4609
Same; gynecological care.
40-4610 through 40-4620
Reserved.
40-4621
Uniform prescription drug information card act; name of act.
40-4622
Same; definitions.
40-4623
Same; required information on card; use of social security number as cardholder identification number prohibited; issuance of card.
40-4624
Same; usage of prescription drug information card.
40-4625
Same; application of act; rules and regulations.
40-4626
Same; powers of commissioner.
Article 47.—KANSAS BUSINESS HEALTH PARTNERSHIP
40-4701
Kansas business health partnership act; definitions.
40-4702
Same; Kansas business health policy committee; membership; organization; powers and duties.
40-4703
Same; health partnership; organization.
40-4704
Same; health partnership; duties.
40-4705
Same; health committee; subsidies for coverage.
40-4706
Same; division of health care finance of the department of health and environment; duties.
40-4707
Same; citation of act.
Article 48.—AMUSEMENT RIDES
40-4801
Amusement ride insurance act; definitions.
40-4802
Same; financial responsibility requirements.
40-4803
Same; local government, insurance and safety standards.
40-4804
Same; citation of act; effective date.
Article 49.—UNIFORM INSURANCE AGENTS LICENSING ACT
40-4901
Uniform insurance agents licensing act; citation; applicability.
40-4902
Same; definitions.
40-4903
Insurance agent license; lines of authority; license requirements; renewal requirements, penalties; fees.
40-4904
Same; license; exemptions.
40-4905
Insurance agent license required; application; fingerprinting and criminal history background check; costs; powers of commissioner; hearing.
40-4906
Nonresident agent license; requirements.
40-4907
Same; temporary license; when authorized; powers of commissioner.
40-4908
Same; waiver of examinations.
40-4909
Uniform insurance agents licensing act; suspension, denial of, revocation or refusal to renew license; grounds; hearing; powers of commissioner.
40-4910
Same; commissions, service fees or brokerage fees prohibited; exceptions.
40-4911
Same; agents receipt of compensation.
40-4912
Same; appointment of agents.
40-4913
Same; termination of agent; notification of commissioner; records; maintenance of and availability to commissioner; sharing; conditions.
40-4914
Same; waiver of conditions for nonresident insurance agent license; conditions.
40-4915
Same; insurance agent license; renewal; penalty for nonrenewal.
40-4916
Same; rules and regulations.
40-4917
Same; disposition of moneys.
40-4918
Same; contracts; acquisition of services.
Article 50.—VIATICAL SETTLEMENTS
40-5001
Viatical settlements act of 2002; citation.
40-5002
Same; definitions.
40-5003
Same; license applications, renewal, fee, information required, powers of commissioner.
40-5004
Same; suspension, revocation, refusal to issue or renew license; grounds; hearing; powers of commissioner.
40-5005
Same; approval of forms.
40-5006
Same; annual statements of licensee; identity of viator confidential; exceptions.
40-5007
Repealed.
40-5007a
Same; examinations; record keeping requirements; powers of commissioner.
40-5008
Same; required disclosures.
40-5009
Repealed.
40-5009a
Same; viatical settlement contract; required documents; confidentiality of medical information; viator's rights; payment of proceeds; contacts with viator; limitations.
40-5010
Same; two year prohibition on entering into viatical settlement; exceptions.
40-5011
Same; requirements on advertising.
40-5012
Repealed.
40-5012a
Same; violations; required notice provisions; notification of commissioner; availability of records to commissioner; sharing of records; conditions.
40-5013
Same; penalties.
40-5014
Same; violation of act also unfair or deceptive trade practice.
40-5015
Same; rules and regulations.
40-5016
Same; continuation of preexisting viatical settlement business.
Article 51.—INSURANCE SCORE ACT
40-5101
Citation of act.
40-5102
Applicability of act.
40-5103
Definitions.
40-5104
Prohibited acts.
40-5105
Re-underwriting or re-rating consumer, when; overpayment of premium.
40-5106
Disclosure requirements.
40-5107
Adverse action; notice to consumer, contents.
40-5108
Insurance score models, filing required; trade secret.
40-5109
Studies; report to legislature.
40-5110
Indemnification, when required.
40-5111
Prohibition against use of certain information; exceptions.
40-5112
Powers of commissioner.
40-5113
Rules and regulations.
40-5114
Severability.
40-5115
Credit information; use by insurers; extraordinary life circumstances; limitations.
Article 52.—ASSUMPTION REINSURANCE AGREEMENTS
40-5201
Assumption reinsurance agreement act; applicability; waiver of requirements, when allowed; exceptions.
40-5202
Same; definitions.
40-5203
Same; notice to policyholders; contents.
40-5204
Same; prior approval by commissioner required; duties of licensed foreign insurer.
40-5205
Same; rights of policyholders.
40-5206
Same; novation of insurance contract, when.
40-5207
Same; effect of similar law in another state.
40-5208
Same; continuation of certain protections.
40-5209
Same; required forms; contents.
40-5210
Same; citation of act; duties of commissioner; rules and regulations.
Article 53.—INTERSTATE INSURANCE COMPACTS
40-5301
Interstate insurance product regulation compact.
40-5302
Same; representative.
40-5303
Same; alternate representative.
Article 54.—CONTROLLED INSURANCE PROGRAMS ACT
40-5401
Short title.
40-5402
Definitions.
40-5403
Rules and regulations; requirements.
40-5404
Additional rules and regulations.
40-5405
Adoption date for rules and regulations.
Article 55.—PUBLIC ADJUSTERS LICENSING ACT
40-5501
Short title.
40-5502
Definitions.
40-5503
License required; limitations; exceptions.
40-5504
Application for license; criminal history record check.
40-5505
Requirements for licensure; fingerprinting; criminal history record check; costs.
40-5506
Examination; retaking examination; when.
40-5507
Pre-licensing examination not required; when.
40-5508
Nonresident public adjuster license, when; requirements.
40-5509
Issuance of license; fee; renewal.
40-5510
Suspension, revocation or nonrenewal of license; penalties.
40-5511
Evidence of financial responsibility.
40-5512
Continuing education requirements.
40-5513
Allowable compensation for adjuster; prohibitions.
40-5514
Contracts for services; requirements; disclosures; prohibitions.
40-5515
Records of transactions.
40-5516
Adjuster requirements; ethical requirements.
40-5517
Reports of legal actions against adjuster.
40-5518
Rules and regulations.
40-5519
Same; severability.
Article 56.—PORTABLE ELECTRONICS INSURANCE ACT
40-5601
Citation of act.
40-5602
Definitions.
40-5603
License required.
40-5604
Disclosures required.
40-5605
Vendor requirements; training; charges for insurance.
40-5606
Violations; penalties.
40-5607
Policy changes; when allowed; notice requirements; return of unearned premiums.
40-5608
Severability clause.
40-5609
Rules and regulations.
Article 57.—SURPLUS LINES INSURANCE MULTI-STATE COMPLIANCE COMPACT
40-5701
Repealed.
40-5702
Repealed.
40-5703
Repealed.
Article 58.—ELECTRONIC NOTICES AND DOCUMENTS
40-5801
Citation of act.
40-5802
Repealed.
40-5803
Definitions.
40-5804
Electronic delivery of notice or document; requirements; consent; withdrawal of consent; accessibility; exemption for certain mutual insurance companies, exceptions.
40-5805
Plan sponsor consent to delivery of communications by electronic means, when; requirements of health benefit plan.
Article 59.—VISION CARE SERVICES ACT
40-5901
Vision care services act; prohibited contract provisions.
40-5902
Same; limitation on charges for services and materials.
40-5903
Same; changes in terms; limitations.
40-5904
Same; use of discount card.
40-5905
Same; definitions.
40-5906
Citation of act; administration of act.
Article 60.—THE RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT ACT
40-6001
Risk management and own risk and solvency assessment act.
40-6002
Same; definitions.
40-6003
Same; risk management framework required.
40-6004
Same; annual assessment required.
40-6005
Same; reporting.
40-6006
Same; exemptions.
40-6007
Same; confidentiality.
40-6008
Same; penalty.
40-6009
Same; severability.
40-6010
Same; filing first report.
40-6011
Repealed.