Kansas 2023-2024 Regular Session

Kansas House Bill HB2689 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2024
2	2	HOUSE BILL No. 2689
3	3	By Representatives Featherston, L. Williams, Ballard, Borjon, Carlin, Concannon,
4	4	Curtis, Haswood, Hougland, Hoye, Martinez, McDonald, Melton, Meyer,
5	5	Neighbor, Oropeza, Pickert, Poskin, S. Ruiz, Sawyer Clayton, Wasinger and Winn
6	6	2-5
7	7	AN ACT concerning insurance; relating to health insurance plans;
8	8	requiring no cost-sharing requirement imposed on insureds for
9	9	diagnostic and supplemental breast examinations for breast cancer;
10	10	amending K.S.A. 40-2,103 and 40-19c09 and repealing the existing
11	11	sections.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	New Section 1. (a) Every individual or group health insurance policy,
14	14	medical service plan, contract, hospital service corporation contract,
15	15	hospital and medical service corporation contract, fraternal benefit society
16	16	or health maintenance organization that provides coverage for accident and
17	17	health services that is delivered, issued for delivery, amended or renewed
18	18	on or before January 1, 2025, and provides benefits for screening,
19	19	diagnostic breast examinations and supplemental breast examinations shall
20	20	ensure that there is no cost-sharing requirement applicable to a diagnostic
21	21	or supplemental breast examination for breast cancer imposed on an
22	22	insured when such an examination is furnished to an insured.
23	23	(b) If under federal law, application of subsection (a) would result in
24	24	health savings account ineligibility under section 223 of the federal
25	25	internal revenue code, then this requirement shall apply only to health
26	26	savings account-qualified high deductible health plans after the enrollee
27	27	has satisfied the minimum deductible under section 223. For items or
28	28	services that are classified as preventive care pursuant to section 223(c)(2)
29	29	(C) of the federal internal revenue code, the requirements of subsection (a)
30	30	shall apply regardless of whether the minimum deductible under section
31	31	223 has been satisfied.
32	32	(c) The provisions of K.S.A. 40-2248 and 40-2249a, and amendments
33	33	thereto, shall not apply to this section.
34	34	(d) As used in this section:
35	35	(1) "Cost-sharing requirement" means a deductible, coinsurance, co-
36	36	payment or similar out-of-pocket expense.
37	37	(2) "Diagnostic breast examination" means a medically necessary and
38	38	appropriate, in accordance with national comprehensive cancer network
39	39	guidelines, examination of the breast, including, but not limited to, such
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74	74	an examination using contrast-enhanced mammography, diagnostic
75	75	mammography, breast magnetic resonance imaging, or breast ultrasound
76	76	that is used to evaluate an abnormality:
77	77	(A) Seen or suspected from a screening examination for breast
78	78	cancer; or
79	79	(B) detected by other means of examination.
80	80	(3) "Insured" means an individual who is covered by a health
81	81	insurance plan.
82	82	(4) "Supplemental breast examination" means a medically necessary
83	83	and appropriate, in accordance with national comprehensive cancer
84	84	network guidelines, examination of the breast, including, but not limited
85	85	to, such an examination using contrast-enhanced mammography,
86	86	diagnostic mammography, breast magnetic resonance imaging or breast
87	87	ultrasound that is used to screen for breast cancer:
88	88	(A) When there is no abnormality seen or suspected; and
89	89	(B) based on personal or family medical history or additional factors
90	90	that may increase the individual's risk of breast cancer.
91	91	Sec. 2. K.S.A. 40-2,103 is hereby amended to read as follows: 40-
92	92	2,103. The requirements of K.S.A. 40-2,100, 40-2,101, 40-2,102, 40-
93	93	2,104, 40-2,105, 40-2,105a, 40-2,105b, 40-2,114, 40-2,160, 40-2,165
94	94	through 40-2,170, 40-2,184, 40-2,190, 40-2,194, 40-2,210 through 40-
95	95	2,216, 40-2250, K.S.A. 40-2,105a, 40-2,105b, 40-2,184, 40-2,190, 40-
96	96	2,194 and 40-2,210 through 40-2,216, and amendments thereto, and
97	97	section 1, and amendments thereto, shall apply to all insurance policies,
98	98	subscriber contracts or certificates of insurance delivered, renewed or
99	99	issued for delivery within or outside of this state or used within this state
100	100	by or for an individual who resides or is employed in this state.
101	101	Sec. 3. K.S.A. 40-19c09 is hereby amended to read as follows: 40-
102	102	19c09. (a) Corporations organized under the nonprofit medical and
103	103	hospital service corporation act shall be subject to the provisions of the
104	104	Kansas general corporation code, articles 60 through 74 of chapter 17 of
105	105	the Kansas Statutes Annotated, and amendments thereto, applicable to
106	106	nonprofit corporations, to the provisions of K.S.A. 40-214, 40-215, 40-
107	107	216, 40-218, 40-219, 40-222, 40-223, 40-224, 40-225, 40-229, 40-230, 40-
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109	109	252, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
110	110	2,105a, 40-2,105b, 40-2,116, 40-2,117, 40-2,125, 40-2,153, 40-2,154, 40-
111	111	2,160, 40-2,161, 40-2,163 through 40-2,170, 40-2,184, 40-2,190, 40-
112	112	2,194, 40-2,210 through 40-2,216, 40-2a01 et seq., 40-2111 through 40-
113	113	2116, 40-2215 through 40-2220, 40-2221a, 40-2221b, 40-2229, 40-2230,
114	114	40-2250, 40-2251, 40-2253, 40-2254, 40-2401 through 40-2421, and 40-
115	115	3301 through 40-3313 and K.S.A. 40-2,105a, 40-2,105b, 40-2,184, 40-
116	116	2,190, 40-2,194 and 40-2,210 through 40-2,216, and amendments thereto,
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160	160	and section 1, and amendments thereto, except as the context otherwise
161	161	requires, and shall not be subject to any other provisions of the insurance
162	162	code except as expressly provided in this act.
163	163	(b) No policy, agreement, contract or certificate issued by a
164	164	corporation to which this section applies shall contain a provision which
165	165	that excludes, limits or otherwise restricts coverage because medicaid
166	166	benefits as permitted by title XIX of the social security act of 1965 are or
167	167	may be available for the same accident or illness.
168	168	(c) Any violation of subsection (b) shall be subject to the penalties
169	169	prescribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
170	170	Sec. 4. K.S.A. 40-2,103 and 40-19c09 are hereby repealed.
171	171	Sec. 5. This act shall take effect and be in force from and after its
172	172	publication in the statute book.
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