PocketLaw | Kansas Statutes | General Provisions

General Provisions

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Section
40-2,100

Insurance coverage to include reimbursement or indemnity for services performed by optometrist, dentist or podiatrist.

Section
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.

Section
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.

Section
40-2,103

Application of designated statutes.

Section
40-2,104

Insurance coverage to include reimbursement for services performed by licensed psychologist.

Section
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.

Section
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.

Section
40-2,105b

Same; insurance coverage for psychotherapeutic drugs used for treatment of mental illness.

Section
40-2,105c

Same; exemption.

Section
40-2,105d

Citation of act.

Section
40-2,106

Definitions.

Section
40-2,107

Minimum notice requirements for cancellation of insurance agency contract by insurance company.

Section
40-2,108

Same; rules and regulations by commissioner.

Section
40-2,109

Mental or physical handicaps; rate discrimination prohibited; enforcement.

Section
40-2,110

Reporting fire losses; rules and regulations; report forms.

Section
40-2,111

Definitions.

Section
40-2,112

Adverse underwriting decisions; reasons required to be furnished; refunds of premiums; time for making decision.

Section
40-2,113

Nonliability for information relating to adverse underwriting decision.

Section
40-2,114

Insurance coverage to include reimbursement for services performed by licensed specialist social worker.

Section
40-2,115

Liability insurance coverage for punitive damages assessed against certain persons.

Section
40-2,116

Definitions.

Section
40-2,117

Provision of health services by professional provider; allowable charges.

Section
40-2,118

Fraudulent insurance act defined; amount involved defined; penalty; notification of commissioner, when; antifraud plan.

Section
40-2,119

Same; immunity from civil liability for certain persons.

Section
40-2,120

Business or professional property or casualty insurance; cancellation, when.

Section
40-2,121

Same; nonrenewal; notice required.

Section
40-2,122

Cancellation or nonrenewal of policy; written explanation required.

Section
40-2,123

Insurers authorized to discontinue certain business in state, when; enforcement.

Section
40-2,124

Certain property and casualty rate filings not affected by certain rate regulation statutes.

Section
40-2,125

Violation of insurance laws; failure to file reports; penalties; emergency temporary cease and desist orders; definitions.

Section
40-2,126

Interest due on insurance settlements, when.

Section
40-2,127

Same; application to multiple payments.

Section
40-2,128

Same; rules and regulations.

Section
40-2,129

Managing general agents; title of act.

Section
40-2,130

Managing general agents; definitions.

Section
40-2,131

Same; licensure requirements; bond.

Section
40-2,132

Same; written contract to be in force prior to placement of business with insurer, minimum provisions governing relationship.

Section
40-2,133

Same; utilization by insurer; acts required to be performed by and prohibitions on insurer.

Section
40-2,134

Same; acts deemed to be acts of insurer; examination.

Section
40-2,135

Same; sanctions for violations; rights of policyholders, claimants and auditors not restricted.

Section
40-2,136

Same; rules and regulations.

Section
40-2,137

Assessment of costs of certain administrative hearings, guidelines, procedure.

Section
40-2,138

Investments by insurance companies governed by state law notwithstanding federal preemption.

Section
40-2,153

Insurance coverage to allow choice of pharmacy providers.

Section
40-2,154

Medicaid eligibility and coverage; prohibitions.

Section
40-2,155

Motor vehicle glass replacement; prohibitions; rights of the insured.

Section
40-2,156

Acquisitions and dispositions of assets or nonrenewals, cancellations or revisions of reinsurance agreements; report; confidential.

Section
40-2,156a

Reporting requirements for material nonrenewal, cancellation of revision or ceded reinsurance agreements.

Section
40-2,157

Material acquisitions or dispositions of assets, defined; assets subject to act; information required to be disclosed.

Section
40-2,159

Reports on a nonconsolidated basis; exception.

Section
40-2,160

Coverage for minimum inpatient care following birth of child.

Section
40-2,161

Coverage for children in the custody of the commissioner of juvenile justice.

Section
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.

Section
40-2,163

Coverage for certain expenses relating to care and treatment of diabetes; educational expenses; exceptions.

Section
40-2,164

Coverage of prostate cancer screening.

Section
40-2,165

Coverage of general anesthesia in conjunction with dental care for certain individuals.

Section
40-2,166

Coverage of reconstructive breast surgery.

Section
40-2,166a

Coverage for osteoporosis.

Section
40-2,167

Off-label use of prescription drugs; definitions.

Section
40-2,168

Same; coverage for cancer treatment; exclusion from coverage prohibited.

Section
40-2,169

Same; commissioner of insurance, powers.

Section
40-2,170

Same; coverage not affected, when.

Section
40-2,184

Coverage for orally administered anticancer medication.

Section
40-2,185

Dental health insurance; fee setting provision, limitation on.

Section
40-2,186

Same; definitions.

Section
40-2,190

Abortion coverage; separate coverage; when required.

Section
40-2,191

Abortion coverage; severability clause.

Section
40-2,192

Mandate lite health benefit plan act.

Section
40-2,193

Specially designed policies; short-term policies.

Section
40-2,194

Coverage for autism spectrum disorder.

Section
40-2,195

Exclusive provider organization policy; requirements; exceptions; definitions.

Section
40-2,196

Coverage for amino acid-based elemental formula; report required; recommendation to legislature.

Section
40-2,201

Property and casualty insurance; group affiliated insurers; renewal of policy.

Section
40-2,202

Property and casualty insurance; limited lines; self-service storage units.

Section
40-2,203

CGAD report required; contents; filing; rules and regulations.

Section
40-2,204

Claims handling operations; prohibition on imposition of restrictions or enforcement of local licensing or registration ordinances during a catastrophic event.

Section
40-2,210

Kansas telemedicine act; citation.

Section
40-2,211

Same; definitions.

Section
40-2,212

Same; confidentiality.

Section
40-2,213

Same; application of; coverage parity established.

Section
40-2,214

Prescribing of drugs via telemedicine.

Section
40-2,215

Abortions delivered via telemedicine not authorized.

Section
40-2,216

Same; nonseverability clause.

Insurance company defined.

Section
40-201a

Service contract; exempt from regulation.

Code inapplicable to certain lodges, societies, persons and associations.

Name of company or society; submission of name to commissioner.

Unlawful to offer stock for sale without permit from commissioner; void shares, when.

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.

Section
40-205a

Application for license to sell stock of insurance company or health maintenance organization, fee.

Section
40-205b

Denial of application to sell stock as agent; hearing.

Section
40-205c

Revocation of agent's license; hearing.

Section
40-205d

Appeal of commission's decision.

Section
40-205e

Penalty.

Secretary and certain officers to give bond.

Examination by commissioner before issuance of certificate.

Foreign companies; requirements to transact business, waiver thereof; certificate of authority; application of corporation code and other laws.

Section
40-209b

Same; act supplemental.

Foreign companies outside United States; permission to transact business; assets; condition.

Amount of deposit of foreign company outside United States.

Credit for reinsured risks.

Unlawful transfer of premium notes.

Conditions under which insurance may be written; certificate of authority; revocation, when; unlawful acts.

Duration of licenses and certificates.

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.

Contents of policies of foreign company.

Actions and garnishment proceedings against insurance companies; process; venue; procedure; fee; record of commissioner.

Failure of company to pay judgment.

Action against insurance company to be brought in this state; injunction.

Section
40-221a

Reinsurance of risks of and by Kansas companies.

Examination of condition of company, when; report, disclosure; suspension or revocation of certificate; notice and hearing.

Section
40-222a

Examination of corporations organizing domestic insurance companies.

Section
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.

Section
40-222c

Same; insurance company defined.

Section
40-222d

Same; company deemed to be in hazardous financial condition, when.

Section
40-222e

Same; suspension, revocation or refusal to renew certificate.

Section
40-222f

Examination of condition of company; definitions.

Fees for examinations; compensation and expenses for examiners.

Section
40-223a

Insurance company annual statement examination fund established; purpose.

Section
40-223b

Same; compensation and expenses of examiners.

Section
40-223c

Same; duties of commissioner; warrants of director of accounts and reports.

Section
40-223d

Same; insufficiency of fund; transfer from general fund, limitation; files.

Section
40-223e

Training insurance company examiners; establishment of revolving fund for financing training.

Section
40-223f

Same; compensation and expenses of persons receiving training.

Section
40-223g

Same; payments from revolving fund.

Section
40-223h

Property and casualty actuarial opinion letter law; citation of act.

Section
40-223i

Same; actuarial opinion, contents; procedure.

Section
40-223j

Same; authority of commissioner; rules and regulations.

When disbursements to be made only on voucher or affidavit.

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.

Valuation of securities.

Section
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.

Section
40-230a

Deposit of securities purchased from sale of stock during organization period.

Dealing in goods, wares and merchandise prohibited; exceptions.

Sale of stock with insurance.

Dividends, interest or bonus; payment from earned surplus.

Unearned premium reserves of insurance companies; domestic title insurance companies; noncancelable policies, additional reserves.

Section
40-234a

Reserves required for accident and health policies; unearned premium reserves.

Section
40-234b

Unearned premium reserves required for domestic title insurance companies.

Section
40-234c

Unearned premium reserves required of foreign title insurance company.

Misrepresentations regarding policy terms; title insurance policies, search and examination requirements.

Statements made with intent to injure company.

Contracts and promissory notes by minors.

Resident general agents of foreign companies.

Definition; insurance agent.

Section
40-240g

Rules and regulations.

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.

Section
40-241h

Waiver of examination in certain cases.

Section
40-241j

Annual report of agents contracted with and payment of certification fees; audit.

Section
40-241k

Rules and regulations; establishing fees for agents.

Representations without complying with code.

Section
40-246a

Penalties for violating 40-246; hearings.

Section
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.

Section
40-246c

Excess coverage license to effect insurance or reinsurance in nonadmitted companies; accounting of gross premiums and tax thereon; penalty.

Section
40-246d

Same; revocation or suspension of license, when.

Section
40-246e

List of nonadmitted insurers authorized to write excess coverage on Kansas risks; requirements; removal from list.

Section
40-246g

Surplus lines producer; exempt commercial purchaser.

Section
40-246h

Commissioner; rules and regulations.

Section
40-246i

Definitions.

Insurance agent or broker failing to pay premium to company; penalty.

Discontinuance of business.

Policies to be issued within two years.

Companies subject to act.

Insurance commissioner; legal representation; judicial review of actions.

Schedules of fees and taxes for insurance companies and fraternal benefit societies; credits; deductions; returns; time for payment.

Section
40-252a

Insurance company tax and fee refund revolving fund; use; duties of commissioner and director of accounts and reports; procedure.

Section
40-252b

Fees, charges and taxes under 40-252; in lieu of all other license fees and taxes; exceptions.

Section
40-252c

Same; credits; definitions.

Section
40-252d

Credit against premium tax for salaries paid to Kansas employees.

Section
40-252e

Small insurance company credit against premium tax.

Section
40-252f

Credit for insurance companies for certain business investment expenses in qualified business facilities; eligibility; definitions.

Section
40-252g

Same; expiration of act.

Payment of fees and taxes in other states by Kansas companies; retaliatory measures, when.

Section
40-253a

Payment of fees and taxes in other states by Kansas companies; retaliatory measures; effect of certain tax credits.

Attorney fees in actions on insurance policies; exception.

Invalidity of code of 1927.

Actions to recover death benefits based on certain policies; distribution.

Continuity of management of domestic companies in national emergency; declaration of purpose.

Same; adoption of emergency bylaws; effect.

Same; effective provisions of law if emergency bylaws not adopted at time emergency occurs.

Same; succession national emergency lists; basis; conditions.

Same; home or principal office; alternate locations.

Statement of ownership of equity shares in domestic stock companies filed with commissioner, when; changes.

Profits from sale or purchase of equity securities to inure to benefit of company, when; actions for recovery; exemption.

Unlawful acts in connection with sale of equity securities.

Provisions of 40-265, 40-266 inapplicable to certain sales; rules and regulations.

Provisions of 40-264 to 40-266 inapplicable to arbitrage transactions; exception.

Equity security defined.

Provisions of 40-264 to 40-266 inapplicable to equity securities of domestic companies, when.

Rules and regulations by commissioner.

Regulations regarding proxies, consents or authorization concerning securities of domestic companies.

Joint underwriting and joint reinsurance; filing requirements; changes; prohibitions.

Same; solicitation; countersignature requirements.

Advance or partial payment not admissible as admission against interest or admission of liability; credit; no recovery; limitation of actions.

Cancellation of automobile liability insurance; definitions.

Section
40-276a

Automobile liability insurance policies; denial of renewal; notice; conditions; exceptions.

Automobile liability insurance policies; limitations on policy conditions for cancellation.

Cancellation or nonrenewal of automobile liability policy; notice of availability of Kansas automobile insurance plan.

Hearings by commissioner on any matter relating to insurance; procedure; subpoena.

Extension of credit to policyholder by insurance agent; conditions; request for cancellation of insurance for nonpayment of policyholder's account; exceptions.

Same; interest not subject to certain provisions.

Section
40-283a

Premium financing or extension of credit for term exceeding one year prohibited; renewal of agreement at expiration of term.

Uninsured motorist coverage and underinsured motorist coverage; rejection; antistacking provision; exclusions or limitations of coverage; subrogation rights of underinsured motorist coverage insurer.

Same; uninsured motor vehicle includes vehicle whose insurer is insolvent.

Same; extent of insurer's insolvency protection.

Same; subrogation rights.

Same; provisions of article 22 of chapter 40 not required.

Section
40-293a

Kansas riot reinsurance reimbursement fund abolished; transfer of moneys therein to general fund.

Automobile insurance policies; discrimination on basis of age of insured prohibited in issuance, extension or renewal.

Same; offer of insurance by one of group of affiliated insurors, effect.

Same; group of affiliated insurors defined.

Sale of insurance in connection with sale and financing of automobile; definitions.

Sale of physical damage insurance in connection with sale and financing of automobile; acknowledgment by purchaser, form; suspension, or revocation of license.