Kansas Statutes

Chapter 40.—INSURANCE

• Article 1.—INSURANCE DEPARTMENT
  • 40-101 Name.
  • 40-102 Kansas department of insurance, established; commissioner of insurance, duties.
  • 40-102a Kansas insurance department renamed the Kansas department of insurance; transfer of power, duties and functions.
  • 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  • 40-105a Repealed.
  • 40-105b Repealed.
  • 40-105c, 40-105d Repealed.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 Election and term of commissioner; vacancy in office, how filled; eligibility for appointment.
  • 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  • 40-112a Repealed.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; authorization of commissioner to set and publish 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  • 40-206 Repealed.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; authorization of commissioner to set and publish fee.
  • 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 with eligible nonadmitted insurers; 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 eligible 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; preservation of returns.
  • 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; authorization of commissioner to set and publish fees.
  • 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.
  • 40-2,241 Citation of act; definitions.
  • 40-2,242 Responsibilities of commissioner under act.
  • 40-2,243 Requirements of insurance verification system.
  • 40-2,244 Competitive bid authorized with provider to establish, implement and maintain insurance verification system.
  • 40-2,245 Funding and expenses for insurance verification system to be paid by Kansas department of insurance.
  • 40-2,246 Cooperation by insurers; requirements; application of act.
  • 40-2,247 Alternative method for verification authorized for certain insurers.
  • 40-2,248 Confidentiality of system data.
  • 40-2,249 Deadline for insurance verification system operation.
  • 40-2,250 Limitations on law enforcement to stop vehicle to establish compliance with insurance coverage.
  • 40-2,251 through 40-2,255 Reserved.
  • 40-2,256 Authority of commissioner to select and announce versions of certain calculations, instructions or other documents in effect.
• 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; authorization of commissioner to set and publish fees.
  • 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 Rating organizations; licensure, authorization of commissioner to set and publish fees; suspension or revocation by the commissioner; 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 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.
  • 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; authorization of commissioner to set and publish 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; extension of time for certain pilot or testing programs upon request to commissioner; failure of insurer to respond to inquiry from department of insurance; controlled business exception eliminated.
  • 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, criminal penalty; continuation of license; application; authority of commissioner to set and publish fees.
  • 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; authority of commissioner to set and publish annual registration fee.
  • 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; composition of governing committee of plan.
  • 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 Authorization of commissioner to set and publish 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 Repealed.
  • 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, authorization of commissioner to set and publish 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 Insurers of an insurance holding company system subject to registration; annual groups capital calculation and NAIC liquidity stress test framework, when required.
  • 40-3306 Insurer deemed by commissioner to be in hazardous financial condition; deposit or bond required, when; amount of deposit; disposition of records, data and premiums held by affiliate of an insurer.
  • 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; membership of governing board; 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 Administrators premium collection separate fiduciary account required to be maintained for each payor; payment of claims.
  • 40-3808 Same; compensation to administrator.
  • 40-3809 Written notice disclosures required of administrator.
  • 40-3810 Same; registration requirement.
  • 40-3811 Repealed.
  • 40-3812 Home state administrator license; authorization of commissioner to set and publish fees.
  • 40-3813 Nonresident administrator license; authorization of commissioner to set and publish fees.
  • 40-3814 Annual report to be filed by administrator; contents; authorization of commissioner to set and publish 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; authorization of commissioner to set and publish fee; material changes in information; confidentiality of documents.
  • 40-3824 Renewal of license, application; authorization of commissioner to set and publish 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 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; authorization of commissioner to set and publish fees.
  • 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; authorization of commissioner to set and publish notification fee; 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; authorization of commissioner to set and publish 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 or policy form organization.
  • 40-4313 Companies prohibited from joining or benefiting from insolvency guarantee funds; notice.
  • 40-4314 Taxation of captive insurance companies and redomesticating captive insurance companies.
  • 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 Dormant captive insurance companies; certification of; authorization of commissioner to set and publish renewal fee.
  • 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 Certification required; requirements; authorization of commissioner to set and publish application fee.
  • 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.
  • 40-4355 Captive insurance companies; redomestication.
  • 40-4356 through 40-4360 Reserved.
  • 40-4361 Citation of act.
  • 40-4362 Formation of protected cell captive insurance company.
  • 40-4363 Definitions.
  • 40-4364 Filing requirements of applicants.
  • 40-4365 Protected cells, establishment and maintenance, conditions of operations; powers of commissioner of insurance related thereto.
  • 40-4366 Participants in protected cell captive insurance companies.
  • 40-4367 Investment of assets; methods of valuation and rating.
  • 40-4368 Application of the insurers supervision, rehabilitation and liquidation act; management of assets and liabilities by receiver.
  • 40-4369 Pleading in legal actions; named parties; assets.
  • 40-4370 Conversion; submission requirements.
• 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; authorization of commissioner to set and publish 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 Patient protection act 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; authorization of commissioner to set and publish 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 Viatical settlement act of 2002; 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; authorization of commissioner to set and publish fee; renewal.
  • 40-5510 Suspension, revocation or nonrenewal of license; causes; considerations; 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.