CHAPTER 198
SENATE BILL No. 19*
An Act concerning health; relating to gynecological care and the diagnosis and treatment
of osteoporosis and relating to the state employees health benefits program.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. (a) Each health insurer and the state health care benefits
program shall permit a woman insured by the health insurer or such
program to visit an in-network obstetrician or gynecologist for routine
gynecological care from an in-network obstetrician or gynecologist one
time each calendar year without requiring such woman to first visit or
receive a referral from a primary care provider, so long as the care is
medically necessary, including, but not limited to, care that is routine.

      (b) This section shall be part of and supplemental to the patient pro-
tection act, cited at K.S.A. 40-4601 et seq., and amendments thereto.

      Sec.  2. (a) Any individual or group health insurance policy, medical
service plan, contract, hospital service corporation contract, hospital and
medical service corporation contract, fraternal benefit society or health
maintenance organization, municipal group-funded pool and the state
employee health care benefits plan which provides coverage for hospital,
medical and surgical services, other than medicare supplement or acci-
dent-only policies which are delivered, issued for delivery, amended or
renewed on or after July 1, 2001, shall include coverage for services re-
lated to diagnosis, treatment and management of osteoporosis when such
services are provided by a person licensed to practice medicine and sur-
gery in this state, for individuals with a condition or medical history for
which bone mass measurement is medically necessary for such individual.
Such policy, provision, contract, plan or agreement may apply to such
services the same deductibles, coinsurance and other limitations as apply
to other covered services.

      (b) The provisions of this section shall not apply to any policy or
certificate which provides coverage for any specified disease, specified
accident or accident only coverage, credit, dental, disability income, hos-
pital indemnity, long-term care insurance as defined by K.S.A. 40-2227
and amendments thereto, vision care or any other limited supplemental
benefit nor to any medicare supplement policy of insurance as defined
by the commissioner of insurance by rule and regulation, any coverage
issued as a supplement to liability insurance, workers compensation or
similar insurance, automobile medical-payment insurance or any insur-
ance under which benefits are payable with or without regard to fault,
whether written on a group, blanket or individual basis.

      Sec.  3. (a) Commencing in plan year 2002, within the limits of ap-
propriations thereof, the Kansas state employees health care commission
shall establish a pilot program which provides that, if an active employee
of the state of Kansas is enrolled in a health care benefits plan adminis-
tered by the Kansas state employees health care commission, pursuant to
K.S.A. 75-6501 et seq., and amendments thereto, the commission shall
provide that a percentage determined by the commission, within the lim-
its of appropriations for the pilot program, of the cost to cover an eligible
child or children shall be paid as an employer contribution for the par-
ticipation of any eligible child or children in the state health benefits
program.

      (b) As used in this section, ``eligible child'' means any child who is an
eligible dependent pursuant to K.A.R. 108-1-1 and who is otherwise eli-
gible for insurance coverage under the insurance plan authorized by
K.S.A. 38-2001 and amendments thereto and under the guidelines for
eligibility developed by the commission within the limits of appropriations
for the pilot program but is not eligible solely because the child is a
member of a family that is eligible for health benefits coverage under a
state health benefits plan administered by the Kansas state employees
health care commission.

      (c) The Kansas state employees health care commission shall report
its findings and any recommendations which the commission may have
concerning the pilot program established under this section to the gov-
ernor and to the legislature annually.

      (d) The secretary of administration is hereby authorized to receive
grants, gifts or donations from the United States government, or its agen-
cies, the Sunflower Foundation: Healthcare for Kansas, or any other
source whatsoever for the purposes of the pilot program established un-
der this section and amendments thereto, and any moneys so received
shall be deposited in the state treasury and credited to the cafeteria ben-
efits fund established by K.S.A. 75-6513 and amendments thereto. All
funds received pursuant to this section shall be placed in a separate ac-
count within the cafeteria benefits fund. All expenditures made from such
fund for the purposes of this section shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued by the secretary of administration or a person designated by the
secretary of administration.

 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 22, 2001.
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