---

Session of 2000
          SENATE BILL No. 400           By Senator Salmans           1-7          

---

  9             AN  ACT concerning insurance; relating to coverage for services provided
10             by mental health professionals; amending K.S.A. 40-2,104 and 40-
11             2,114 and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             New Section  1. Notwithstanding any provision of an individual or
15       group policy or contract of health and accident insurance, delivered
16       within the state, whenever such policy or contract shall provide for re-
17       imbursement for any service within the lawful scope of practice of a duly
18       licensed clinical professional counselor authorized to engage in private,
19       independent practice under K.S.A. 65-5804, and amendments thereto,
20       within the state of Kansas, the insured, or any other person covered by
21       the policy or contract shall be allowed and entitled to reimbursement for
22       such service, irrespective of whether it was provided or performed by a
23       duly licensed physician or a duly licensed clinical professional counselor
24       authorized to engage in private, independent practice under K.S.A. 65-
25       5804, and amendments thereto.
26             New Sec.  2. Notwithstanding any provision of an individual or group
27       policy or contract of health and accident insurance, delivered within the
28       state, whenever such policy or contract shall provide for reimbursement
29       for any service within the lawful scope of practice of a duly licensed
30       clinical marriage and family therapist authorized to engage in private,
31       independent practice under K.S.A. 65-6404, and amendments thereto,
32       within the state of Kansas, the insured, or any other person covered by
33       the policy or contract shall be allowed and entitled to reimbursement for
34       such service, irrespective of whether it was provided or performed by a
35       duly licensed physician or a duly licensed clinical marriage and family
36       therapist authorized to engage in private, independent practice under
37       K.S.A. 65-6404, and amendments thereto.
38             Sec.  3. K.S.A. 40-2,104 is hereby amended to read as follows: 40-
39       2,104. Notwithstanding any provision of an individual or group policy or
40       contract of health and accident insurance, delivered within the state,
41       whenever such policy or contract shall provide for reimbursement for any
42       service within the lawful scope of practice of a duly licensed psychologist
43       or licensed clinical psychotherapist under K.S.A. 74-5363, and amend-

2
  1       ments thereto, within the state of Kansas, the insured, or any other person
  2       covered by the policy or contract shall be allowed and entitled to reim-
  3       bursement for such service irrespective of whether it was provided or
  4       performed by a duly licensed physician or a duly licensed psychologist or
  5       licensed clinical psychotherapist under K.S.A. 74-5363, and amendments
  6       thereto.
  7             Sec.  4. K.S.A. 40-2,114 is hereby amended to read as follows: 40-
  8       2,114. Notwithstanding any provision of an individual or group policy or
  9       contract of health and accident insurance, delivered within the state,
10       whenever such policy or contract shall provide for reimbursement for any
11       service within the lawful scope of practice of a duly licensed specialist
12       clinical social worker authorized to engage in private, independent prac-
13       tice under subsection (a) of K.S.A. 75-5353 K.S.A. 65-6306, and amend-
14       ments thereto within the state of Kansas, the insured, or any other person
15       covered by the policy or contract shall be allowed and entitled to reim-
16       bursement for such service, unless subject coverage in those insurance
17       plans in existence on or before March 15, 1989, is refused in writing by
18       the policyholder prior to March 15, 1989, irrespective of whether it was
19       provided or performed by a duly licensed physician or a duly licensed
20       specialist clinical social worker authorized to engage in private, inde-
21       pendent practice under subsection (a) of K.S.A. 75-5353 K.S.A. 65-6306,
22       and amendments thereto. 
23       Sec.  5. K.S.A. 40-2,104 and 40-2,114 are hereby repealed.
24        Sec.  6. This act shall take effect and be in force from and after its
25       publication in the statute book.