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10  AN ACT concerning social welfare; relating to identifying health care and
11    other medical benefits provided under medical benefit plans for ben-
12    eficiaries of federal medicaid benefits; prescribing penalties for failure
13    to provide certain information.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    Section 1.  (a) Upon the request of the secretary of social and reha-
17  bilitation services, each medical benefit plan provider that provides or
18  maintains a medical benefit plan, that provides any hospital or medical
19  services or any other health care or other medical benefits or services, or
20  both, in Kansas, shall provide the secretary with information, to the ex-
21  tent known by the medical benefit plan provider, identifying each
22  person who is covered by such medical benefit plan or who is otherwise
23  provided any such hospital or medical services or any other such health
24  care or other medical benefits or services, or both, in Kansas under such
25  medical benefit plan. The information shall be provided in such form as
26  is prescribed by the secretary for the purpose of comparing such infor-
27  mation with medicaid beneficiary information maintained by the secretary
28  to assist in identifying other health care or medical benefit coverage
     avail-
29  able to medicaid beneficiaries. The secretary may shall reimburse each
30  medical benefit plan provider that provides information under this section
31  for the reasonable cost of providing such information.
32    (b)  All information provided by medical benefit plan providers under
33  this section shall be confidential and shall not be disclosed pursuant to
34  the provisions of the open records act or under the provisions of any other
35  law. Such information may be used solely for the purpose of deter-
36  mining whether medical assistance has been paid or is eligible to
37  be paid by the secretary for which a recovery from a medical benefit
38  plan provider is due under K.S.A. 39-719a and amendments thereto.
39    (c)  Failure to provide information pursuant to a request by the sec-
40  retary of social and rehabilitation services under this section shall
     consti-
41  tute a failure to reply to an inquiry of the commissioner of insurance and
42  shall be subject to the penalties applicable thereto under K.S.A. 40-226
43  and amendments thereto. If a medical plan provider fails to provide in-
SB 12--Am.
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 2  -formation to the secretary of social and rehabilitation services pursuant
 3  to a request under this section, the secretary shall notify the commissioner
 4  of such failure. The commissioner of insurance may pursue each such
 5  failure to provide such information in accordance with K.S.A. 40-226 and
 6  amendments thereto.
 7    (d)  As used in this section:
 8    (1)  ``Medical benefit plan'' means any accident and health insurance
 9  or any other policy, contract, plan or agreement that provides benefits or
10  services, or both, for any hospital or medical services or any other health
11  care or medical benefits or services, or both, in Kansas, whether or not
12  such benefits or services, or both, are provided pursuant to individual,
13  group, blanket or certificates of accident and sickness insurance, any other
14  insurance providing any accident and health insurance, or any other pol-
15  icy, contract, plan or agreement providing any such benefits or services,
16  or both, in Kansas, and includes any policy, plan, contract or agreement
17  offered in Kansas pursuant to the federal employee retirement income
18  security act of 1974 (ERISA) that provides any hospital or medical serv-
19  ices or any other health care or medical benefits or services, or both, in
20  Kansas; and
21    (2)  ``medical benefit plan provider'' means any insurance company,
22  nonprofit medical and hospital service corporation, health maintenance
23  organization, fraternal benefit society, municipal group-funded pool,
24  group-funded workers compensation pool or any other entity providing
25  or maintaining a medical benefit plan.
26    (e)  No medicaid provider who rendered professional services to
27  a medicaid beneficiary and was paid by the secretary for such serv-
28  ices shall be liable to the medical benefit plan provider for any
29  amounts recovered pursuant to this act or pursuant to the provi-
30  sions of K.S.A. 39-719a and amendments thereto.''; and the bill be
31  passed as amended.
32    Sec. 2.  This act shall take effect and be in force from and after its
33  publication in the Kansas register.