Session of 1998
                   
HOUSE BILL No. 2997
         
By Committee on Appropriations
         
2-26
            9             AN ACT concerning insurance; relating to increased coverage for dia-
10             betes; amending K.S.A. 1997 Supp. 40-1909 and 40-19c09 and re-
11             pealing the existing sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           New Section 1. (a) This act shall be known and may be cited as the
15       ``diabetes coverage act.''
16           (b) Any individual or group health insurance policy, medical service
17       plan, contract, hospital service corporation contract, hospital and medical
18       service corporation contract, fraternal benefit society or health mainte-
19       nance organization which provides coverage for accident and health serv-
20       ices and which is delivered, issued for delivery, amended or renewed on
21       or after January 1, 1999, also, shall provide coverage for equipment, and
22       supplies, limited to hypodermic needles and supplies used exclusively
23       with diabetes management and outpatient self-management training and
24       education, including medical nutrition therapy, for the treatment of in-
25       sulin dependent diabetes, insulin-using diabetes, gestational diabetes and
26       noninsulin using diabetes if prescribed by a health care professional le-
27       gally authorized to prescribe such items under the law. Such coverage
28       shall include coverage for insulin only if such coverage also includes cov-
29       erage of prescription drugs.
30           (c) Diabetes outpatient self-management training and education shall
31       be provided by a certified, registered or licensed health care professional
32       with expertise in diabetes. The coverage for outpatient self-management
33       training and education shall be required pursuant to this section only if
34       the diabetic after consultation and approval by a physician licensed to
35       practice medicine and surgery: (1) is treated at a program approved by
36       the American diabetes association; (2) is treated by a person certified by
37       the national certification board for diabetic educators; or (3) is, as to
38       nutritional education, treated by a licensed dietitian.
39           (d) (1) The benefits provided in this act shall be subject to the same
40       annual deductible or co-insurance and the same requirement of medical
41       necessity established for all other covered benefits within a given policy.
42       In the case of a policy requiring that services be provided by or upon
43       referral from a primary care physician, the benefits provided by this act

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  1       shall be subject to such requirement.
  2           (2) Private third party payors may not reduce or eliminate coverage
  3       due to the requirements of this act.
  4           (3) Enforcement of the provisions of this act shall be performed by
  5       the commissioner of insurance.
  6           Sec. 2. K.S.A. 1997 Supp. 40-1909 is hereby amended to read as
  7       follows: 40-1909. (a) Such corporations shall be subject to the provisions
  8       of the Kansas general corporation code, articles 60 to 74, inclusive, of
  9       chapter 17 of the Kansas Statutes Annotated, applicable to nonprofit cor-
10       porations, to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-
11       219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-
12       235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252,
13       40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
14       2,114, 40-2,116, 40-2,117, 40-2a01 to 40-2a19, inclusive, 40-2216 to 40-
15       2221, inclusive, 40-2229, 40-2230, 40-2250, 40-2251, 40-2253, 40-2254,
16       40-2401 to 40-2421, inclusive, 40-3301 to 40-3313, inclusive, K.S.A. 1997
17       Supp. 40-2,153, 40-2,154, 40-2,160 and, 40-2,161 and section 1, and
18       amendments thereto, except as the context otherwise requires, and shall
19       not be subject to any other provisions of the insurance code except as
20       expressly provided in this act.
21           (b) No policy, agreement, contract or certificate issued by a corpo-
22       ration to which this section applies shall contain a provision which ex-
23       cludes, limits or otherwise restricts coverage because medicaid benefits
24       as permitted by title XIX of the social security act of 1965 are or may be
25       available for the same accident or illness.
26           (c) Violation of subsection (b) shall be subject to the penalties pre-
27       scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
28           Sec. 3. K.S.A. 1997 Supp. 40-19c09 is hereby amended to read as
29       follows: 40-19c09. (a) Corporations organized under the nonprofit med-
30       ical and hospital service corporation act shall be subject to the provisions
31       of the Kansas general corporation code, articles 60 to 74, inclusive, of
32       chapter 17 of the Kansas Statutes Annotated, applicable to nonprofit cor-
33       porations, to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-
34       219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-
35       235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252,
36       40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
37       2,116, 40-2,117, 40-2a01 et seq., 40-2111 to 40-2116, inclusive, 40-2215
38       to 40-2220, inclusive, 40-2221a, 40-2221b, 40-2229, 40-2230, 40-2250,
39       40-2251, 40-2253, 40-2254, 40-2401 to 40-2421, inclusive, and 40-3301
40       to 40-3313, inclusive, K.S.A. 1997 Supp. 40-2,153, 40-2,154, 40-2,160
41       and, 40-2,161 and section 1, and amendments thereto, except as the con-
42       text otherwise requires, and shall not be subject to any other provisions
43       of the insurance code except as expressly provided in this act.

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  1           (b) No policy, agreement, contract or certificate issued by a corpo-
  2       ration to which this section applies shall contain a provision which ex-
  3       cludes, limits or otherwise restricts coverage because medicaid benefits
  4       as permitted by title XIX of the social security act of 1965 are or may be
  5       available for the same accident or illness.
  6           (c) Violation of subsection (b) shall be subject to the penalties pre-
  7       scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
  8           Sec. 4. K.S.A. 1997 Supp. 40-1909 and 40-19c09 are hereby re-
  9       pealed.
10           Sec. 5. This act shall take effect and be in force from and after its
11       publication in the statute book.
12