SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 24
As Recommended by Senate Committee on
Financial Institutions and Insurance
Brief*
SB 24 would amend the definitions of “small employer”
and “large employer” in a statute pertaining to insurance
coverage for autism spectrum disorder. The definitions of
“small employer” and “large employer” pertain to group health
benefit plans and are specified by the number of people
employed on business days during the preceding calendar
year, with at least one employee on the first day of the benefit
plan year.
The bill would amend the definition of “small employer”
from an average of at least 1 but not more than 100
employees to an average of at least 2 but not more than 50
employees. The bill would amend the definition of “large
employer” from an average of at least 101 employees to an
average of at least 51 employees.
The bill would also make technical amendments.
Background
The bill was introduced by the Senate Committee on
Financial Institutions and Insurance at the request of the
Kansas Insurance Department (Department).
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org Senate Committee on Financial Institutions and
Insurance
In the Senate Committee hearing, proponent testimony
was provided by a representative of the Department, stating
the federal Protecting Affordable Coverage for Employees
(PACE) Act, enacted in 2015, amended the definition of small
employer for purposes of market reforms under the Patient
Protection and Affordable Care Act and the Public Health
Service Act. [Note: The PACE Act generally defines a small
employer as an employer who employed an average of 1-50
employees on business days during the preceding calendar
year but authorizes states to extend the definition of small
employer to include employers with up to 100 employees.]
The proponent stated the bill would align the definition of
“small employer” with statutes regarding general health
insurance. The proponent stated the Department has
confirmed the benefit for autism spectrum disorder is already
being provided in the contracts of all those that are potentially
able to incur the services required in the statute, and the
change would bring parity to the definitions and provide clarity
to employers and insurers.
Written-only proponent testimony was provided by the
Council of Autism Service Providers.
No additional testimony was provided.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, the Department, Kansas Association of
Counties, and the League of Kansas Municipalities all state
enactment of the bill would not have a fiscal effect.
Insurance; definitions; autism spectrum disorder
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