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Session of 2000
          HOUSE BILL No. 2869           By Committee on Appropriations           2-7          

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  9             AN  ACT relating to accident and health insurance; providing coverage
10             for social anxiety disorder; amending K.S.A. 1999 Supp. 40-2,103 and
11             40-19c09 and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             New Section  1. (a) Any individual or group health insurance policy,
15       medical service plan, contract, hospital service corporation contract, hos-
16       pital and medical service corporation contract, fraternal benefit society
17       or health maintenance organization which provides coverage for mental
18       health benefits and which is delivered, issued for delivery, amended or
19       renewed on or after January 1, 2001, shall provide coverage for medica-
20       tions for medically necessary treatment of social anxiety disorder when
21       such medications are prescribed by a health care professional legally au-
22       thorized to prescribe such medications.
23             (b) Any provision in any individual or group health insurance policy,
24       medical service plan, contract, hospital service corporation contract, fra-
25       ternal benefit society or health maintenance organization which provides
26       coverage for mental health benefits which is delivered, issued for delivery,
27       amended or renewed on or after January 1, 2001, that is in conflict with
28       this section shall be of no force and effect.
29             (c) As used in this section, social anxiety disorder means any condition
30       that meets the criteria for social phobia set forth in the diagnostic and
31       statistical manual of mental disorders, fourth edition, (DSM-IV, 1994) of
32       the American psychiatric association.
33             (d) The provisions of this section shall not apply to any policy or
34       certificate which provides coverage for any specified disease, specified
35       accident or accident only coverage, credit, dental, disability income, hos-
36       pital indemnity, long-term care insurance as defined by K.S.A. 40-2227
37       and amendments thereto, vision care or any other limited supplemental
38       benefit nor to any medicare supplement policy of insurance as defined
39       by the commissioner of insurance by rule and regulation, any coverage
40       issued as a supplement to liability insurance, workers compensation or
41       similar insurance, automobile medical-payment insurance or any insur-
42       ance under which benefits are payable with or without regard to fault,
43       whether written on a group, blanket or individual basis.

2
  1             Sec.  2. K.S.A. 1999 Supp. 40-2,103 is hereby amended to read as
  2       follows: 40-2,103. The requirements of K.S.A. 40-2,100, 40-2,101, 40-
  3       2,102, 40-2,104, 40-2,105, 40-2,114 and 40-2250, and amendments
  4       thereto and K.S.A. 1999 Supp. 40-2,160 and, 40-2,165 through 40-2,170,
  5       and section 1, and amendments thereto, shall apply to all insurance pol-
  6       icies, subscriber contracts or certificates of insurance delivered, renewed
  7       or issued for delivery within or outside of this state or used within this
  8       state by or for an individual who resides or is employed in this state.
  9             Sec.  3. K.S.A. 1999 Supp. 40-19c09 is hereby amended to read as
10       follows: 40-19c09. (a) Corporations organized under the nonprofit med-
11       ical and hospital service corporation act shall be subject to the provisions
12       of the Kansas general corporation code, articles 60 to 74, inclusive, of
13       chapter 17 of the Kansas Statutes Annotated, applicable to nonprofit cor-
14       porations, to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-
15       219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-
16       235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252,
17       40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
18       2,116, 40-2,117, 40-2a01 et seq., 40-2111 to 40-2116, inclusive, 40-2215
19       to 40-2220, inclusive, 40-2221a, 40-2221b, 40-2229, 40-2230, 40-2250,
20       40-2251, 40-2253, 40-2254, 40-2401 to 40-2421, inclusive, and 40-3301
21       to 40-3313, inclusive, K.S.A. 1999 Supp. 40-2,153, 40-2,154, 40-2,160,
22       40-2,161, 40-2,163, 40-2,164 and, 40-2,165 through 40-2,170, and section
23       1, and amendments thereto, except as the context otherwise requires, and
24       shall not be subject to any other provisions of the insurance code except
25       as expressly provided in this act.
26             (b) No policy, agreement, contract or certificate issued by a corpo-
27       ration to which this section applies shall contain a provision which ex-
28       cludes, limits or otherwise restricts coverage because medicaid benefits
29       as permitted by title XIX of the social security act of 1965 are or may be
30       available for the same accident or illness.
31             (c) Violation of subsection (b) shall be subject to the penalties pre-
32       scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto. 
33       Sec.  4. K.S.A. 1999 Supp. 40-2,103 and 40-19c09 are hereby
34       repealed.
35        Sec.  5. This act shall take effect and be in force from and after its
36       publication in the statute book.