CHAPTER 30 SENATE BILL No. 75 An  Act concerning insurance; amending K.S.A. 1998 Supp. 40-2122 and repealing the
existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 40-2122 is hereby amended to read as
follows: 40-2122. (a) The following individuals shall be eligible for plan
coverage provided they meet the criteria set forth in subsection (b):

      (1) Any person who has been a resident of this state for at least six
months;

      (2) any person who is a legal domiciliary of this state who previously
was covered under the high risk pool of another state, provided they apply
for coverage under the plan within 63 days of losing such other coverage
for reasons other than fraud or nonpayment of premiums; or

      (3) any federally defined eligible individual who is a legal domiciliary
of this state.

      (b) Those individuals who are eligible for plan coverage under sub-
section (a) must provide evidence satisfactory to the administering carrier
that such person meets one of the following criteria:

      (1) Such person has had health insurance coverage involuntarily ter-
minated for any reason other than nonpayment of premium;

      (2) such person has applied for health insurance and been rejected
by two carriers because of health conditions;

      (3) such person has applied for health insurance and has been quoted
a premium rate which is in excess of the plan rate;

      (4) such person has been accepted for health insurance subject to a
permanent exclusion of a preexisting disease or medical condition; or

      (5) such person is a federally defined eligible individual.

      (c) Each resident dependent of a person who is eligible for plan cov-
erage shall also be eligible for plan coverage.

      (d) The following persons shall not be eligible for coverage under the
plan:

      (1) Any person who is eligible for medicare or a recipient of is eligible
for medicaid benefits;

      (2) any person who has had coverage under the plan terminated less
than 12 months prior to the date of the current application, except that
this provision shall not apply with respect to an applicant who is a federally
defined eligible individual;

      (3) any person who has received accumulated benefits from the plan
equal to or in excess of the lifetime maximum benefits under the plan
prescribed by K.S.A. 40-2124 and amendments thereto;

      (4) any person having access to accident and health insurance through
an employer-sponsored group or self-insured plan; or

      (5) any person who is eligible for any other public or private program
that provides or indemnifies for health services.

      (e) Any person who ceases to meet the eligibility requirements of this
section may be terminated at the end of a policy period.

      (f) All plan members, insurers and insurance arrangements shall no-
tify in writing persons denied health insurance coverage, for any reason,
of the availability of coverage through the Kansas health insurance asso-
ciation. 
Sec.  2. K.S.A. 1998 Supp. 40-2122 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 29, 1999.
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