Session of 2000
HOUSE BILL No. 2951
By Committee on Insurance
2-9
9 AN ACT
concerning health insurance; reorganizing the Kansas state em-
10 ployees health care
commission; amending K.S.A. 75-6501, 75-6503,
11 75-6504, 75-6505,
75-6506, 75-6508, 75-6509, 75-6510, 75-6511, 75-
12 6512, 75-6513,
75-6520, 75-6521, 75-6522 and 75-6523 and repealing
13 the existing sections;
also repealing K.S.A. 75-6502.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 New Section
1. The Kansas state employees health care commission
17 is hereby abolished. Except as otherwise
provided in this act, all of the
18 powers, duties and functions of the Kansas
state employees health care
19 commission are hereby transferred to and
conferred upon the committee
20 on surety bonds and insurance established
by K.S.A. 75-4101 and amend-
21 ments thereto.
22 Sec.
2. K.S.A. 75-6501 is hereby amended to read as follows:
75-
23 6501. (a) Within the limits of
appropriations made or available therefor
24 and subject to the provisions of
appropriation acts relating thereto, the
25 Kansas state employees health care
commission committee on surety
26 bonds and insurance shall develop
and provide for the implementation
27 and administration of a state health care
benefits program.
28 (b) The state
health care benefits program may provide benefits for
29 persons qualified to participate in the
program for hospitalization, medical
30 services, surgical services, nonmedical
remedial care and treatment ren-
31 dered in accordance with a religious method
of healing and other health
32 services. The program may include such
provisions as are established by
33 the Kansas state employees health
care commission committee on surety
34 bonds and insurance, including but
not limited to qualifications for ben-
35 efits, services covered, schedules and
graduation of benefits, conversion
36 privileges, deductible amounts, limitations
on eligibility for benefits by
37 reason of termination of employment or
other change of status, leaves of
38 absence, military service or other
interruptions in service and other rea-
39 sonable provisions as may be established by
the commission committee.
40 (c) The
Kansas state employees health care commission
committee
41 on surety bonds and insurance shall
designate by rules and regulations
42 those persons who are qualified to
participate in the state health care
43 benefits program, including active and
retired public officers and em-
2
1 ployees and their dependents as
defined by rules and regulations of the
2 commission. In designating persons
qualified to participate in the state
3 health care benefits program,
the commission such committee may
estab-
4 lish such conditions, restrictions,
limitations and exclusions as the com-
5 mission such
committee deems reasonable. Each person who was formerly
6 elected or appointed and qualified to
an elective state office and who was
7 covered immediately preceding the
date such person ceased to hold such
8 office by the provisions of group
health insurance or a health maintenance
9 organization plan under the law in
effect prior to August 1, 1984, or the
10 state health care benefits program in
effect after that date, shall continue
11 to be qualified to participate in the state
health care benefits program
12 and shall pay the cost of participation in
the program as established and
13 in accordance with the procedures
prescribed by the commission such
14 committee if such person chooses to
participate therein.
15 (d) The state
health care benefits program established under this act
16 shall be effective on and after August 1,
1984.
17 Sec.
3. K.S.A. 75-6503 is hereby amended to read as follows:
75-
18 6503. (a) Except as otherwise provided by
this act, all budgeting, pur-
19 chasing and related management functions of
the Kansas state employees
20 health care commission
committee on surety bonds and insurance shall
21 be administered by the secretary of
administration commissioner of in-
22 surance under the direction and
supervision of the chairperson of the
23 commission such
committee. All vouchers for expenditures and all payrolls
24 of the Kansas state employees
health care commission committee on sur-
25 ety bonds and insurance shall be
approved by the chairperson of the
26 commission or by a person
or persons designated by the chairperson.
27 (b) There is
hereby created the position of technical administrator
28 for the state health care benefit
program committee on surety bonds and
29 insurance. Under the direction and
supervision of the secretary of ad-
30 ministration
commissioner of insurance, the technical administrator
shall
31 provide primary staffing assistance to
the commission such committee and
32 perform such other functions and duties as
may be prescribed by the
33 commission such
committee. The technical administrator shall be in the
34 classified or unclassified service under
the Kansas civil service act as spec-
35 ified by the secretary of
administration commissioner of insurance and
36 shall be appointed by the secretary
of administration commissioner of
37 insurance. Within the limits of
available appropriations, the secretary of
38 administration shall provide such
additional assistance as may be re-
39 quested by the commission
such committee.
40 Sec.
4. K.S.A. 75-6504 is hereby amended to read as follows:
75-
41 6504. (a) Subject to the provisions of
appropriation acts relating thereto,
42 in developing and providing for the
implementation of a state health care
43 benefits program the Kansas state
employees health care commission
3
1 committee on surety bonds and
insurance may:
2 (1) Enter
into one or more group insurance contracts to provide cov-
3 erage for all or part of the state
health care benefits program;
4
(2) establish a self-funded program on an actuarially sound
basis to
5 provide coverage for all or part of
the state health care benefits program
6 and administer the self-funded
program or contract for all or part of the
7 administration of the self-funded
program;
8 (3) provide
for the self-administration of all or part of the state health
9 care benefits program;
10 (4) enter into
contracts with one or more health care providers for
11 the provision of health care services;
12 (5) enter into
contracts in accordance with the provisions of K.S.A.
13 75-6505, and amendments thereto, with one
or more health maintenance
14 organizations for the provision of health
care services; or
15 (6) any
combination of the authority granted under this subsection
16 (a).
17 (b) The
Kansas state employees health care commission
committee
18 on surety bonds and insurance is
hereby authorized to negotiate and enter
19 into contracts with qualified insurers,
health maintenance organizations
20 and other contracting parties for the
purpose of establishing the state
21 health care benefits program, including the
acquisition of consulting and
22 other services necessary therefor.
The commission Such committee shall
23 advertise for proposals, shall negotiate
with not less than three firms or
24 other parties submitting proposals, and
shall select from among those
25 submitting proposals the firm or other
contracting party to contract with
26 for the purpose of entering into contracts
for services related to the state
27 health care benefits program.
28 (c) The
provisions of K.S.A. 75-4317 through 75-4320a, and amend-
29 ments thereto, shall not apply to meetings
of the Kansas state employees
30 health care commission
committee on surety bonds and insurance when
31 the commission such
committee meets solely for the purpose of:
32 (1) Discussing
and preparing strategies for negotiations for such plans
33 and contracts; and
34 (2) considering
health care matters relating to individually identifia-
35 ble plan participants.
36 (d) Contracts
entered into pursuant to this section, K.S.A. 75-6505
37 or 75-6510, and amendments thereto, shall
not be subject to the provi-
38 sions of K.S.A. 75-3738 to 75-3740,
inclusive, and amendments thereto.
39 Such contracts may be for terms of not more
than three years and may
40 be renegotiated and renewed. All such
contracts shall be subject to the
41 limits of appropriations made or available
therefor and subject to the
42 provisions of appropriations acts relating
thereto.
43 Sec.
5. K.S.A. 75-6505 is hereby amended to read as follows:
75-
4
1 6505. The Kansas state
employees health care commission committee on
2 surety bonds and insurance, in
accordance with the provisions of K.S.A.
3 75-6504, may contract to provide
health care services of a health main-
4 tenance organization for persons
qualified to participate in the state
5 health care benefits program. The
contract shall provide that coverage
6 under the contract is applicable to
those persons qualified to participate
7 in the state health care benefits
program as the commission such com-
8 mittee determines feasible.
This coverage may be available to such qual-
9 ified persons as an alternative to
other benefits under the state health
10 care benefits program or may be part of the
benefits provided to such
11 persons under the program. The contract may
include services for spouses
12 and dependents of members at rates
established in accordance with such
13 contract. A contract to provide health care
services of a health mainte-
14 nance organization under this section shall
be construed to be part of the
15 state health care benefits program.
16 Sec.
6. K.S.A. 75-6506 is hereby amended to read as follows:
75-
17 6506. (a) The participation of a person
qualified to participate in the state
18 health care benefits program shall be
voluntary, and the cost of the state
19 health care benefits program for such
person shall be established by the
20 Kansas state employees health care
commission committee on surety
21 bonds and insurance.
22 (b) Periodic
deductions from state payrolls may be made in accord-
23 ance with procedures prescribed by the
secretary of administration com-
24 missioner of insurance to cover the
costs of the state health care benefits
25 program payable by persons who are on the
state payroll when authorized
26 by such persons. Any such periodic payroll
deductions in effect on an
27 implementation date for biweekly payroll
periods shall be collected in the
28 manner prescribed by the secretary
of administration commissioner of
29 insurance.
30 (c) In the event
that the Kansas state employees health care
com-
31 mission committee on
surety bonds and insurance designates by rules and
32 regulations a group of persons on the
payroll of a county, township, city,
33 special district or other local
governmental entity, public school district,
34 licensed child care facility operated by a
not-for-profit corporation pro-
35 viding residential group foster care for
children and receiving reimburse-
36 ment for all or part of such care from the
department of social and re-
37 habilitation services, nonprofit community
mental health center, as
38 provided in K.S.A. 19-4001 et seq.
and amendments thereto, nonprofit
39 community facility for the mentally
retarded, as provided in K.S.A. 19-
40 4001 et seq. and amendments thereto,
or nonprofit independent living
41 agency, as defined in K.S.A. 65-5101 and
amendments thereto, as quali-
42 fied to participate in the state health
care benefits program, periodic
43 deductions from payrolls of the local
governmental entity, public school
5
1 district, licensed child care
facility operated by a not-for-profit corpora-
2 tion providing residential group
foster care for children and receiving
3 reimbursement for all or part of such
care from the department of social
4 and rehabilitation services,
nonprofit community mental health center, as
5 provided in K.S.A. 19-4001 et
seq. and amendments thereto, nonprofit
6 community facility for the mentally
retarded, as provided in K.S.A. 19-
7 4001 et seq. and amendments
thereto, or nonprofit independent living
8 agency, as defined in K.S.A. 65-5101
and amendments thereto, may be
9 made to cover the costs of the state
health care benefits program payable
10 by such persons when authorized by such
persons. All such moneys de-
11 ducted from payrolls shall be remitted to
the Kansas state employees
12 health care commission
committee on surety bonds and insurance in ac-
13 cordance with the directions of the
commission such committee.
14 Sec.
7. K.S.A. 75-6508 is hereby amended to read as follows:
75-
15 6508. (a) (1) Each state agency which has
on its payroll persons partici-
16 pating in the state health care benefits
program shall pay from any moneys
17 available to the agency for such purpose an
amount specified by the Kan-
18 sas state employees health care
commission committee on surety bonds
19 and insurance, including any amounts
prescribed under a cafeteria plan
20 established under K.S.A. 75-6512, and
amendments thereto. All such pay-
21 ments shall continue on the behalf of
employees otherwise eligible for
22 participation in the state health care
benefits program in accordance with
23 the continuation provisions of the federal
family and medical leave act of
24 1993, P.L. 103-03, 107 Stat. 6. The
commission Such committee may
25 charge each state agency a uniform amount
per person as the cost to the
26 agency for the state's contribution for
persons participating in the state
27 health care benefits program. Such amounts
may include the costs of
28 administering the program.
29 (2) In the event
that the Kansas state employees health care
com-
30 mission committee on
surety bonds and insurance designates by rules and
31 regulations a group of persons on the
payroll of a county, township, city,
32 special district or other local
governmental entity, public school district,
33 licensed child care facility operated by a
not-for-profit corporation pro-
34 viding residential group foster care for
children and receiving reimburse-
35 ment for all or part of such care from the
department of social and re-
36 habilitation services, nonprofit community
mental health center, as
37 provided in K.S.A. 19-4001 et seq.,
and amendments thereto, nonprofit
38 community facility for the mentally
retarded, as provided in K.S.A. 19-
39 4001 et seq., and amendments
thereto, or nonprofit independent living
40 agency, as defined in K.S.A. 65-5101, and
amendments thereto, as qual-
41 ified to participate in the state health
care benefits program, each local
42 governmental entity, public school
district, licensed child care facility op-
43 erated by a not-for-profit corporation
providing residential group foster
6
1 care for children and receiving
reimbursement for all or part of such care
2 from the department of social and
rehabilitation services, nonprofit com-
3 munity mental health center, as
provided in K.S.A. 19-4001 et seq., and
4 amendments thereto, nonprofit
community facility for the mentally re-
5 tarded, as provided in K.S.A. 19-4001
et seq., and amendments thereto,
6 or nonprofit independent living
agency, as defined in K.S.A. 65-5101, and
7 amendments thereto, which has on its
payroll persons participating in the
8 state health care benefits program
shall pay from any moneys available to
9 the local governmental entity, public
school district, licensed child care
10 facility operated by a not-for-profit
corporation providing residential
11 group foster care for children and
receiving reimbursement for all or part
12 of such care from the department of social
and rehabilitation services,
13 nonprofit community mental health center,
as provided in K.S.A. 19-4001
14 et seq., and amendments thereto,
nonprofit community facility for the
15 mentally retarded, as provided in K.S.A.
19-4001 et seq., and amendments
16 thereto, or nonprofit independent living
agency, as defined in K.S.A. 65-
17 5101, and amendments thereto, for such
purpose an amount specified by
18 the commission. The
commission Such committee may charge each local
19 governmental entity, public school
district, licensed child care facility op-
20 erated by a not-for-profit corporation
providing residential group foster
21 care for children and receiving
reimbursement for all or part of such care
22 from the department of social and
rehabilitation services, nonprofit com-
23 munity mental health center, as provided in
K.S.A. 19-4001 et seq., and
24 amendments thereto, nonprofit community
facility for the mentally re-
25 tarded, as provided in K.S.A. 19-4001 et
seq., and amendments thereto,
26 or nonprofit independent living agency, as
defined in K.S.A. 65-5101, and
27 amendments thereto, a uniform amount per
person as the cost to the
28 local governmental entity, public school
district, licensed child care facility
29 operated by a not-for-profit corporation
providing residential group foster
30 care for children and receiving
reimbursement for all or part of such care
31 from the department of social and
rehabilitation services, nonprofit com-
32 munity mental health center, as provided in
K.S.A. 19-4001 et seq., and
33 amendments thereto, nonprofit community
facility for the mentally re-
34 tarded, as provided in K.S.A. 19-4001 et
seq., and amendments thereto,
35 or nonprofit independent living agency, as
defined in K.S.A. 65-5101, and
36 amendments thereto, for the contribution of
the local governmental en-
37 tity, public school district, licensed
child care facility operated by a not-
38 for-profit corporation providing
residential group foster care for children
39 and receiving reimbursement for all or part
of such care from the de-
40 partment of social and rehabilitation
services, nonprofit community men-
41 tal health center, as provided in K.S.A.
19-4001 et seq., and amendments
42 thereto, nonprofit community facility for
the mentally retarded, as pro-
43 vided in K.S.A. 19-4001 et seq., and
amendments thereto, or nonprofit
7
1 independent living agency, as defined
in K.S.A. 65-5101, and amend-
2 ments thereto, for persons
participating in the state health care benefits
3 program. Such amounts may include the
costs of administering the
4 program.
5
(b) Payments from public funds for coverage under the state
health
6 care benefits program for persons
participating in that program shall not
7 be deemed a payment or supplement of
wages of such person notwith-
8 standing any other provision of law
or rules and regulations relating to
9 wages of any such person.
10 Sec.
8. K.S.A. 75-6509 is hereby amended to read as follows:
75-
11 6509. Commencing with the regular session
of the legislature in 1985 and
12 with each regular session of the
legislature thereafter, the Kansas state
13 employees health care
commission committee on surety bonds and in-
14 surance shall submit to the
president of the senate and to the speaker of
15 the house of representatives, on the day
the governor's budget report is
16 submitted to the legislature,
recommendations with respect to the state
17 health care benefits program together with
estimates of the cost of the
18 program proposed by the commission,
including a five-year projection of
19 the cost of the program. Together with the
recommendations submitted,
20 the commission such
committee shall include alternatives for cost con-
21 tainment and benefit coverage for qualified
persons for both the proposed
22 program and the five-year projected
program. The commission shall also
23 submit any recommendations for legislation
with respect to the state
24 health care benefits program.
25 Sec.
9. K.S.A. 75-6510 is hereby amended to read as follows:
75-
26 6510. (a) In exercising and performing the
powers, duties and functions
27 prescribed by K.S.A. 75-6501 to 75-6511,
inclusive, and amendments
28 thereto the Kansas state
employees health care commission commission
29 on surety bonds and insurance may
adopt rules and regulations and enter
30 into such contracts as may be
necessary.
31 (b) The
Kansas state employees health care commission
commission
32 on surety bonds and insurance may
establish an advisory committee to
33 advise the commission on matters relating
to health care benefits of state
34 officers and employees and to assist
the commission such committee in
35 the development of policy with respect to
such benefits.
36 (c) The
Kansas state employees health care commission
committee
37 on surety bonds and insurance shall
maintain an ongoing study and review
38 of the state health care benefits program
in order to make necessary
39 improvements therein and to make
recommendations thereon under
40 K.S.A. 75-6509.
41 Sec.
10. K.S.A. 75-6511 is hereby amended to read as follows:
75-
42 6511. (a) Except as provided in subsection
(b), the director of accounts
43 and reports shall make periodic deductions
from state retirement or other
8
1 benefit payments to retired state
officers and employees and other per-
2 sons who are qualified to participate
in the state health care benefits
3 program for the costs of the state
health care benefits program which are
4 payable by such retired state
officers and employees and other persons.
5 (b) No
deductions shall be made under this section in cases (1) where
6 the retired state officer or employee
or other person submits a written
7 request in accordance with procedures
prescribed by the commission
8 committee on surety bonds and
insurance that the deductions not be
9 made, or (2) where the commission has
directed that the deductions not
10 be made.
11 (c) No deductions
made under this section shall be construed to be
12 an assignment of any annuity, benefits,
funds, property or rights of any
13 person under K.S.A. 20-2618, 74-4923 or
74-49,105 and amendments to
14 these sections
thereto.
15 Sec.
11. K.S.A. 75-6512 is hereby amended to read as follows:
75-
16 6512. (a) Subject to the provisions of
appropriations acts, the secretary of
17 administration is hereby authorized to
establish and administer a cafeteria
18 plan pursuant to the provisions of section
125 of the federal internal
19 revenue code of 1986 which shall be
available to persons who are officers
20 or employees of the state and who are
qualified to participate in the state
21 health care benefits program and which
shall include, but not be limited
22 to, provisions under which such officers
and employees may agree to
23 receive reduced compensation and (1) have
the state's contribution under
24 K.S.A. 75-6508 and amendments thereto cover
costs of dependent benefit
25 coverage or other benefits under the state
health care benefits program
26 which would otherwise be payable by such
officers and employees, and
27 (2) receive benefits under the state
employee dependent care assistance
28 program under K.S.A. 75-6520 and
amendments thereto.
29 (b) Any reduction
in compensation for any person pursuant to any
30 such cafeteria plan shall not reduce the
compensation of such person for
31 purposes of the employment security law,
workers compensation act or
32 the purposes of determining contributions
and benefits under the Kansas
33 public employees retirement system or any
retirement system adminis-
34 tered by the board of trustees of the
Kansas public employees retirement
35 system.
36
(c) Implementation of any such cafeteria plan and any
additions or
37 deletions thereto shall be subject to
approval of the secretary of admin-
38 istration commissioner
of insurance to assure adequate data processing
39 resources therefor within the division of
information systems and com-
40 munications of the department of
administration.
41 Sec.
12. K.S.A. 75-6513 is hereby amended to read as follows:
75-
42 6513. (a) The health care benefits program
fund is hereby abolished and
43 any reference to the health care benefits
program fund in any statute,
9
1 contract or other document shall be
deemed to be a reference to the
2 cafeteria benefits fund established
by this section which shall be admin-
3 istered by the commissioner of
insurance. There is hereby created in the
4 state treasury the cafeteria benefits
fund. On the effective date of this
5 act, the director of accounts and
reports shall transfer all moneys in the
6 health care benefits program fund to
the cafeteria benefits fund and all
7 liabilities of the health care
benefits program fund are hereby transferred
8 to and imposed upon the cafeteria
benefits fund.
9 (b) The
cost of the state health care benefits program, including the
10 costs of administering the program, shall
be paid from the cafeteria ben-
11 efits fund. The cost of the long-term care
insurance, including the costs
12 of administration, purchased pursuant to
K.S.A. 75-6523 shall be paid
13 from the cafeteria benefits fund. The
Kansas state employees health care
14 commission committee on
surety bonds and insurance shall remit all mon-
15 eys received by or for the
commission such committee pursuant to the
16 state health care benefits program or from
the purchase of long-term care
17 insurance to the state treasurer. Upon
receipt of such remittance the state
18 treasurer shall deposit the entire amount
thereof in the state treasury to
19 the credit of the cafeteria benefits
fund.
20 (c) Each state
agency shall pay into the cafeteria benefits fund
21 amounts specified by the secretary of
administration to pay for costs of
22 administering the cafeteria plan as
provided by law, including the costs
23 of benefits provided thereunder.
24 (d) All
expenditures from the cafeteria benefits fund shall be made
25 in accordance with appropriation acts upon
warrants of the director of
26 accounts and reports issued pursuant to
vouchers approved by: (1) The
27 chairperson of the Kansas state
employees health care commission com-
28 mittee on surety bonds and insurance
or by a person or persons designated
29 by the chairperson, for expenditures
relating to the health care benefits
30 program; and (2) the secretary of
administration commissioner of insur-
31 ance or by a person or persons
designated by the secretary
commissioner,
32 for expenditures relating to administering
the cafeteria plan as provided
33 by law, including the costs of benefits
provided thereunder. The director
34 of accounts and reports shall issue
warrants pursuant to vouchers ap-
35 proved under this section for payments from
the cafeteria benefits fund
36 notwithstanding the fact that claims for
such payments were not submit-
37 ted or processed for payment from money
appropriated for the fiscal year
38 in which the fund first became liable to
make such payments.
39 Sec.
13. K.S.A. 75-6520 is hereby amended to read as follows:
75-
40 6520. Subject to the provisions of
appropriations acts, the secretary of
41 administration
commissioner of insurance is hereby authorized to estab-
42 lish and administer a state employee
dependent care assistance program
43 for all state officers and employees as
part of the cafeteria plan established
10
1 under K.S.A. 75-6512 and amendments
thereto, pursuant to the provi-
2 sions of sections 125 and 129 of the
federal internal revenue code of 1986.
3 Subject to the provisions of
subsection (c) of K.S.A. 75-6512 and amend-
4 ments thereto, the state employee
dependent care assistance program
5 shall be in effect not later than
July 1, 1989. In accordance with this
6 section, the secretary of
administration commissioner of insurance shall
7 establish the provisions and
procedures of such program and shall inform
8 all state officers and employees of
such provisions and procedures.
9 Sec.
14. K.S.A. 75-6521 is hereby amended to read as follows:
75-
10 6521. As used in K.S.A. 75-6521 through
75-6523 and amendments
11 thereto:
12
(a) "Commission" means the Kansas state employees
health care
13 commission established pursuant to
K.S.A. 75-6502, "Committee" means
14 the committee on surety bonds and
insurance established under K.S.A.
15 75-4101 and amendments thereto.
16 (b) "Director"
means the director of accounts and reports.
17 (c) "Employee"
means any person who is an elected or appointed
18 officer or any employee of the state in the
classified service or unclassified
19 service under the Kansas civil service act,
other than persons who are
20 employed on a seasonal or temporary
basis.
21 (d) "Long-term
care insurance" means any long-term care insurance
22 policy which is authorized to be sold in
the state of Kansas.
23 (e) "State" means
the state of Kansas and any state agency as defined
24 in subsection (3) of K.S.A. 75-3701, and
amendments thereto.
25 Sec.
15. K.S.A. 75-6522 is hereby amended to read as follows:
75-
26 6522. (a) The Kansas state
employees health care commission committee
27 on surety bonds and insurance shall
offer to all employees long-term care
28 insurance and the
commission such committee may enter into one or
more
29 group insurance contracts to provide such
long-term care insurance.
30 (b) The
Kansas state employees health care commission
committee
31 on surety bonds and insurance is
hereby authorized to negotiate and enter
32 into contracts with qualified insurers for
the purpose of providing long-
33 term care insurance. The
commission Such committee shall advertise for
34 proposals, shall negotiate with not less
than three firms or other parties
35 submitting proposals, and shall select from
among those submitting pro-
36 posals the firm or other contracting party
to contract with for the purpose
37 of entering into contracts for long-term
care insurance.
38 (c) The
provisions of K.S.A. 75-4317 to 75-4320a, inclusive, and
39 amendments thereto, shall not apply to
meetings of the Kansas state em-
40 ployees health care
commission committee on surety bonds and
insurance
41 when the commission
such committee meets solely for the purpose of
42 discussing and preparing strategies for
negotiations for contracts for long-
43 term care insurance.
11
1
(d) Contracts entered into pursuant to this section shall not
be subject
2 to the provisions of K.S.A. 75-3738
to 75-3740, inclusive, and amend-
3 ments thereto. Such contracts may be
for terms of not more than three
4 years and may be renegotiated and
renewed. All such contracts shall be
5 subject to the limits of
appropriations made or available therefor and
6 subject to the provisions of
appropriations acts relating thereto.
7 (e) In
exercising and performing the powers, duties and functions
8 prescribed by this section, the
Kansas state employees health care com-
9 mission committee
on surety bonds and insurance may adopt rules and
10 regulations and enter into such contracts
as may be necessary.
11 Sec.
16. K.S.A. 75-6523 is hereby amended to read as follows:
75-
12 6523. (a) The purchase of long-term care
insurance by an employee shall
13 be voluntary, and the cost of such
insurance shall be paid by the employee.
14 The cost of such insurance for such
employee shall be established by the
15 Kansas state employees health care
commission committee on surety
16 bonds and insurance.
17 (b) Periodic
deductions from state payrolls may be made in accord-
18 ance with procedures prescribed by the
secretary of administration to
19 cover the costs of the long-term care
insurance payable employees. All
20 moneys deducted pursuant to this section
shall be remitted to the com-
21 mission and deposited in the cafeteria
benefits fund in the manner pro-
22 vided by K.S.A. 75-6513, and amendments
thereto.
23 New Sec.
17. (a) The committee on surety bonds and insurance shall
24 be the successor in every way to the
powers, duties and functions of the
25 Kansas state employees health care
commission in which the same were
26 vested prior to the effective date of this
act. Every act performed in the
27 exercise of such powers, duties and
functions by or under the authority
28 of the committee on surety bonds and
insurance shall be deemed to have
29 the same force and effect as if performed
by the Kansas state employees
30 health care commission in which such
powers, duties and functions were
31 vested prior to the effective date of this
act.
32 (b) Whenever the
Kansas state employees health care commission,
33 or words of like effect, are referred to or
designated by a statute, contract
34 or other document, such reference or
designation shall be deemed to
35 apply to the committee on surety bonds and
insurance.
36 (c) All orders
and directives of the Kansas state employees health care
37 commission in existence on the effective
date of this act shall continue to
38 be effective and shall be deemed to be
orders and directives of the com-
39 mittee on surety bonds and insurance until
revised, amended or nullified
40 pursuant to law.
41 (d) All rules and
regulations of the Kansas state employee health care
42 commission, in existence on the effective
date of this act shall continue
43 to be effective and shall be deemed to be
duly adopted rules and regu-
12
1 lations of the committee on surety
bonds and insurance until revised,
2 amended, revoked or nullified
pursuant to law.
3 (e) The
committee on surety bonds and insurance shall succeed to
4 whatever right, title or interest the
Kansas state employees health care
5 commission has acquired in any real
property in this state, and the com-
6 mittee on surety bonds and insurance
shall hold the same for and in the
7 name of the state of Kansas.
8 (f) On and
after the effective date of this act, whenever any statute,
9 contract or other document concerns
the power or authority of the Kansas
10 state employees health care commission, the
committee on surety bonds
11 and insurance shall succeed to such power
or authority.
12 New Sec.
18. (a) When any conflict arises as to the disposition of
any
13 property, power, duty or function or the
unexpended balance of any ap-
14 propriation as a result of any abolition,
transfer, attachment or change
15 made by or under authority of this act,
such conflict shall be resolved by
16 the governor, whose decision shall be
final.
17 (b) The committee
on surety bonds and insurance shall succeed to
18 all property, property rights and records
which were used for or pertain
19 to the performance of the powers, duties
and functions transferred to the
20 committee.
21 New Sec.
19. (a) No suit, action or other proceeding, judicial or
ad-
22 ministrative, lawfully commenced, or which
could have been commenced,
23 by or against any state agency or program
mentioned in this act, or by or
24 against any officer of the state in such
officer's official capacity or in
25 relation to the discharge of such officer's
official duties, shall abate by
26 reason of this act. The court may allow any
such suit, action or other
27 proceeding to be maintained by or against
the successor of any such state
28 agency or any officer affected.
29 (b) No criminal
action commenced or which could have been com-
30 menced by the state shall abate by the
taking effect of this act.
31 New Sec.
20. (a) On the effective date of this act, the balances of
all
32 funds appropriated or reappropriated for
the Kansas state employees
33 health care commission are hereby
transferred to the committee on surety
34 bonds and insurance.
35 (b) On the
effective date of this act, the liability for all accrued com-
36 pensation or salaries of officers and
employees who, immediately prior to
37 such date, were engaged in the performance
of powers, duties or func-
38 tions of any state agency or officer
transferred by this act, or which be-
39 comes a part of the office of the committee
on surety bonds and insurance
40 or the powers, duties and functions of
which are transferred to the com-
41 mittee on surety bonds and insurance, shall
be assumed and paid by the
42 committee on surety bonds and
insurance.
43 New Sec.
21. On the effective date of this act, officers and
employees
13
1 who, immediately prior to such date,
were engaged in the performance
2 of powers, duties or functions
involved in the administration of any law
3 administered by the Kansas state
employees health care commission, and
4 who, in the opinion of the committee
on surety bonds and insurance, are
5 necessary to perform the powers,
duties and functions involved in the
6 administration of any law
administered by the Kansas state employees
7 health care commission, shall be
transferred to, and shall become officers
8 and employees of the committee on
surety bonds and insurance. Any such
9 officer or employee shall retain all
retirement benefits and all rights of
10 civil service which had accrued to or
vested in such officer or employee
11 prior to the effective date of this act.
The service of each such officer and
12 employee so transferred shall be deemed to
have been continuous.
13 Sec. 22. K.S.A. 75-6501,
75-6502, 75-6503, 75-6504, 75-6505, 75-
14 6506, 75-6508, 75-6509, 75-6510, 75-6511,
75-6512, 75-6513, 75-6520,
15 75-6521, 75-6522 and 75-6523 are hereby
repealed.
16 Sec. 23. This act shall
take effect and be in force from and after its
17 publication in the statute book.