HB 2417--
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Session of 1997
HOUSE BILL No. 2417
By Representative Garner
2-14
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9 AN ACT relating to insurance; concerning accident and sickness insur-
10 ance; restricting the use of genetic test results; amending K.S.A. 1996
11 Supp. 40-1909, 40-19a10, 40-19b10, 40-19c09 and 40-19d10 and re-
12 pealing the existing sections; also repealing K.S.A. 40-1909, as
13 amended by section 110 of chapter 229 of the 1996 Session Laws of
14 Kansas and K.S.A. 1995 Supp. 40-19a10, as amended by section 111
15 of chapter 229 of the 1996 Session Laws of Kansas, 40-19b10, as
16 amended by section 112 of chapter 229 of the 1996 Session Laws of
17 Kansas, 40-19c09, as amended by section 113 of chapter 229 of the
18 1996 Session Laws of Kansas and 40-19d10, as amended by section
19 114 of chapter 229 of the 1996 Session Laws of Kansas.
20
21 Be it enacted by the Legislature of the State of Kansas:
22 New Section 1. (a) As used in this section, ``genetic screening or test-
23 ing'' means a laboratory test of a person's genes or chromosomes for
24 abnormalities, defects or deficiencies, including carrier status, that are
25 linked to physical or mental disorders or impairments, or that indicate a
26 susceptibility to illness, disease or other disorders, whether physical or
27 mental, which test is a direct test for abnormalities, defects or deficien-
28 cies, and not an indirect manifestation of genetic disorders.
29 (b) An insurance company, health maintenance organization, non-
30 profit medical and hospital, dental, optometric or pharmacy corporations,
31 or a group subject to K.S.A. 12-2616 et seq., and amendments thereto,
32 shall not:
33 (1) Require or request directly or indirectly any individual or a mem-
34 ber of the individual's family to obtain a genetic test;
35 (2) require or request directly or indirectly any individual to reveal
36 whether the individual or a member of the individual's family has ob-
37 tained a genetic test or the results of the test, if obtained by the individual
38 or a member of the individual's family;
39 (3) condition the provision of insurance coverage or health care ben-
40 efits on whether an individual or a member of the individual's family has
41 obtained a genetic test or the results of the test, if obtained by the indi-
42 vidual or a member of the individual's family; or
43 (4) consider in the determination of rates or any other aspect of in-
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1 surance coverage or health care benefits provided to an individual
2 whether an individual or a member of the individual's family has obtained
3 a genetic test or the results of the test, if obtained by the individual or a
4 member of the individual's family.
5 (c) Subsection (b) does not apply to an insurer writing life insurance
6 coverage.
7 (d) An insurer writing life insurance coverage that obtains informa-
8 tion under paragraphs (1) or (2) of subsection (b), shall not:
9 (1) Use the information contrary to paragraphs (3) or (4) of subsec-
10 tion (b) in writing a type of insurance coverage other than life for the
11 individual or a member of the individual's family; or
12 (2) provide for rates or any other aspect of coverage that is not rea-
13 sonably related to the risk involved.
14 Sec. 2. K.S.A. 1996 Supp. 40-1909 is hereby amended to read as
15 follows: 40-1909. (a) Such corporations shall be subject to the provisions
16 of the Kansas general corporation code, articles 60 to 74, inclusive, of
17 chapter 17 of the Kansas Statutes Annotated, applicable to nonprofit cor-
18 porations, to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-
19 219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-
20 235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252,
21 40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
22 2,114, 40-2,116, 40-2,117, 40-2a01 to 40-2a19, inclusive, 40-2216 to 40-
23 2221, inclusive, 40-2229, 40-2230, 40-2250, 40-2251, 40-2253, 40-2254,
24 40-2401 to 40-2421, inclusive, 40-3301 to 40-3313, inclusive, and
25 amendments thereto, and to the provisions of K.S.A. 1996 Supp. 40-2,153
26 and, 40-2,154, 40-2,160 and 40-2,161, and amendments thereto, and
27 K.S.A. 1996 Supp. 40-2,160 section 1, except as the context otherwise
28 requires, and shall not be subject to any other provisions of the insurance
29 code except as expressly provided in this act.
30 (b) No policy, agreement, contract or certificate issued by a corpo-
31 ration to which this section applies shall contain a provision which ex-
32 cludes, limits or otherwise restricts coverage because medicaid benefits
33 as permitted by title XIX of the social security act of 1965 are or may be
34 available for the same accident or illness.
35 (c) Violation of subsection (b) shall be subject to the penalties pre-
36 scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
37 Sec. 3. K.S.A. 1996 Supp. 40-19a10 is hereby amended to read as
38 follows: 40-19a10. (a) Such corporations shall be subject to the provisions
39 of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-
40 224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-
41 247, 40-248, 40-249, 40-250, 40-251, 40-252, 40-254, 40-2,102, 40-2a01
42 et seq., 40-2215 to 40-2220, inclusive, 40-2253, 40-2401 to 40-2421, in-
43 clusive, 40-3301 to 40-3313, inclusive, and amendments thereto, and to
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1 the provisions of K.S.A. 1996 Supp. 40-2,154 and 40-2,161, and amend-
2 ments thereto, and section 1, except as the context otherwise requires,
3 and shall not be subject to any other provisions of the insurance code
4 except as expressly provided in this act.
5 (b) No policy, agreement, contract or certificate issued by a corpo-
6 ration to which this section applies shall contain a provision which ex-
7 cludes, limits or otherwise restricts coverage because medicaid benefits
8 as permitted by title XIX of the social security act of 1965 are or may be
9 available for the same accident or illness.
10 (c) Violation of subsection (b) shall be subject to the penalties pre-
11 scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
12 Sec. 4. K.S.A. 1996 Supp. 40-19b10 is hereby amended to read as
13 follows: 40-19b10. (a) Such corporations shall be subject to the provisions
14 of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-
15 224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-
16 247, 40-248, 40-249, 40-250, 40-251, 40-252, 40-254, 40-2,102, 40-2a01
17 et seq., 40-2215, 40-2253, 40-2401 to 40-2421, inclusive, and 40-3301 to
18 40-3312, inclusive, and amendments thereto, and to the provisions of
19 K.S.A. 1996 Supp. 40-2,154 and 40-2,161, and amendments thereto, and
20 section 1, except as the context otherwise requires, and shall not be sub-
21 ject to any other provisions of the insurance code except as expressly
22 provided in this act.
23 (b) No policy, agreement, contract or certificate issued by a corpo-
24 ration to which this section applies shall contain a provision which ex-
25 cludes, limits or otherwise restricts coverage because medicaid benefits
26 as permitted by title XIX of the social security act of 1965 are or may be
27 available for the same accident or illness.
28 (c) Violation of subsection (b) shall be subject to the penalties pre-
29 scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
30 Sec. 5. K.S.A. 1996 Supp. 40-19c09 is hereby amended to read as
31 follows: 40-19c09. (a) Corporations organized under the nonprofit med-
32 ical and hospital service corporation act shall be subject to the provisions
33 of the Kansas general corporation code, articles 60 to 74, inclusive, of
34 chapter 17 of the Kansas Statutes Annotated, applicable to nonprofit cor-
35 porations, to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-
36 219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-
37 235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252,
38 40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
39 2,116, 40-2,117, 40-2a01 et seq., 40-2111 to 40-2116, inclusive, 40-2215
40 to 40-2220, inclusive, 40-2221a, 40-2221b, 40-2229, 40-2230, 40-2250,
41 40-2251, 40-2253, 40-2254, 40-2401 to 40-2421, inclusive, and 40-3301
42 to 40-3313, inclusive, and amendments thereto, and to the provisions of
43 K.S.A. 1996 Supp. 40-2,153 and, 40-2,154, 40-2,160 and 40-2,161, and
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1 amendments thereto, and K.S.A. 1996 Supp. 40-2,160 section 1, except
2 as the context otherwise requires, and shall not be subject to any other
3 provisions of the insurance code except as expressly provided in this act.
4 (b) No policy, agreement, contract or certificate issued by a corpo-
5 ration to which this section applies shall contain a provision which ex-
6 cludes, limits or otherwise restricts coverage because medicaid benefits
7 as permitted by title XIX of the social security act of 1965 are or may be
8 available for the same accident or illness.
9 (c) Violation of subsection (b) shall be subject to the penalties pre-
10 scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
11 Sec. 6. K.S.A. 1996 Supp. 40-19d10 is hereby amended to read as
12 follows: 40-19d10. (a) Such corporations shall be subject to the provisions
13 of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-
14 224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-
15 247, 40-248, 40-249, 40-250, 40-251, 40-252, 40-254, 40-2,102, 40-2a01
16 et seq., 40-2215 to 40-2220, inclusive, 40-2253, 40-2401 to 40-2421, in-
17 clusive, 40-3301 to 40-3313, inclusive, and amendments thereto, and to
18 the provisions of K.S.A. 1996 Supp. 40-2,154 and 40-2,161, and amend-
19 ments thereto, and section 1, except as the context otherwise requires,
20 and shall not be subject to any other provisions of the insurance code
21 except as expressly provided in this act.
22 (b) No policy, agreement, contract or certificate issued by a corpo-
23 ration to which this section applies shall contain a provision which ex-
24 cludes, limits or otherwise restricts coverage because medicaid benefits
25 as permitted by title XIX of the social security act of 1965 are or may be
26 available for the same accident or illness.
27 (c) Violation of subsection (b) shall be subject to the penalties pre-
28 scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
29 Sec. 7. K.S.A. 1996 Supp. 40-1909, 40-19a10, 40-19b10, 40-19c09
30 and 40-19d10 and K.S.A. 40-1909, as amended by section 110 of chapter
31 229 of the 1996 Session Laws of Kansas and K.S.A. 1995 Supp. 40-19a10,
32 as amended by section 111 of chapter 229 of the 1996 Session Laws of
33 Kansas, 40-19b10, as amended by section 112 of chapter 229 of the 1996
34 Session Laws of Kansas, 40-19c09, as amended by section 113 of chapter
35 229 of the 1996 Session Laws of Kansas and 40-19d10, as amended by
36 section 114 of chapter 229 of the 1996 Session Laws of Kansas are hereby
37 repealed.
38 Sec. 8. This act shall take effect and be in force from and after its
39 publication in the statute book.