Kansas 2025-2026 Regular Session

Kansas House Bill HB2296 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2296
33 By Representatives Featherston, Alcala, Amyx, Ballard, Brownlee Paige, Carlin,
44 Carr, Curtis, Haskins, Helgerson, Hoye, Johnson, McDonald, Melton, Meyer,
55 Miller, Mosley, Neighbor, Oropeza, Osman, Pickert, Poskin, Reavis, Resman,
66 Roth, S. Ruiz, Sawyer, Sawyer Clayton, Schreiber, Schwertfeger, Seiwert,
77 Simmons, Stiens, Stogsdill, Vaughn, Weigel, Wikle, L. Williams, Winn, Xu and
88 Woodard
99 2-5
1010 AN ACT concerning insurance; relating to health insurance plans;
1111 requiring no cost-sharing requirement applicable for a diagnostic or
1212 supplemental breast examination for breast cancer imposed on an
1313 insured; amending K.S.A. 40-2,103 and 40-19c09 and repealing the
1414 existing sections.
1515 Be it enacted by the Legislature of the State of Kansas:
1616 New Section 1. (a) Every individual or group health insurance policy,
1717 medical service plan, contract, hospital service corporation contract,
1818 hospital and medical service corporation contract, fraternal benefit society
1919 or health maintenance organization that provides coverage for accident and
2020 health services that is delivered, issued for delivery, amended or renewed
2121 on or before January 1, 2026, and provides benefits for screening,
2222 diagnostic breast examinations and supplemental breast examinations shall
2323 ensure that there is no cost-sharing requirement applicable to a diagnostic
2424 or supplemental breast examination for breast cancer imposed on an
2525 insured when such an examination is furnished to an insured.
2626 (b) If under federal law, application of subsection (a) would result in
2727 health savings account ineligibility under section 223 of the federal
2828 internal revenue code, then this requirement shall apply only to health
2929 savings account-qualified high deductible health plans after the enrollee
3030 has satisfied the minimum deductible under section 223. For items or
3131 services that are classified as preventive care pursuant to section 223(c)(2)
3232 (C) of the federal internal revenue code, the requirements of subsection (a)
3333 shall apply regardless of whether the minimum deductible under section
3434 223 has been satisfied.
3535 (c) The provisions of K.S.A. 40-2248 and 40-2249a, and amendments
3636 thereto, shall not apply to this section.
3737 (d) As used in this section:
3838 (1) "Cost-sharing requirement" means a deductible, coinsurance, co-
3939 payment or similar out-of-pocket expense.
4040 (2) "Diagnostic breast examination" means a medically necessary and
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7373 appropriate, in accordance with national comprehensive cancer network
7474 guidelines, examination of the breast, including, but not limited to, such an
7575 examination using contrast-enhanced mammography, diagnostic
7676 mammography, breast magnetic resonance imaging, or breast ultrasound
7777 that is used to evaluate an abnormality:
7878 (A) Seen or suspected from a screening examination for breast
7979 cancer; or
8080 (B) detected by other means of examination.
8181 (3) "Insured" means an individual who is covered by a health
8282 insurance plan.
8383 (4) "Supplemental breast examination" means a medically necessary
8484 and appropriate, in accordance with national comprehensive cancer
8585 network guidelines, examination of the breast, including, but not limited
8686 to, such an examination using contrast-enhanced mammography,
8787 diagnostic mammography, breast magnetic resonance imaging or breast
8888 ultrasound that is used to screen for breast cancer:
8989 (A) When there is no abnormality seen or suspected; and
9090 (B) based on personal or family medical history or additional factors
9191 that may increase the individual's risk of breast cancer.
9292 Sec. 2. K.S.A. 40-2,103 is hereby amended to read as follows: 40-
9393 2,103. The requirements of K.S.A. 40-2,100, 40-2,101, 40-2,102, 40-
9494 2,104, 40-2,105, 40-2,105a, 40-2,105b, 40-2,114, 40-2,160, 40-2,165
9595 through 40-2,170, 40-2,184, 40-2,190, 40-2,194, 40-2,210 through 40-
9696 2,216, 40-2250, K.S.A. 40-2,105a, 40-2,105b, 40-2,184, 40-2,190, 40-
9797 2,194 and 40-2,210 through 40-2,216, and amendments thereto, and
9898 section 1, and amendments thereto, shall apply to all insurance policies,
9999 subscriber contracts or certificates of insurance delivered, renewed or
100100 issued for delivery within or outside of this state or used within this state
101101 by or for an individual who resides or is employed in this state.
102102 Sec. 3. K.S.A. 40-19c09 is hereby amended to read as follows: 40-
103103 19c09. (a) Corporations organized under the nonprofit medical and
104104 hospital service corporation act shall be subject to the provisions of the
105105 Kansas general corporation code, articles 60 through 74 of chapter 17 of
106106 the Kansas Statutes Annotated, and amendments thereto, applicable to
107107 nonprofit corporations, to the provisions of K.S.A. 40-214, 40-215, 40-
108108 216, 40-218, 40-219, 40-222, 40-223, 40-224, 40-225, 40-229, 40-230, 40-
109109 231, 40-235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-
110110 252, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
111111 2,105a, 40-2,105b, 40-2,116, 40-2,117, 40-2,125, 40-2,153, 40-2,154, 40-
112112 2,160, 40-2,161, 40-2,163 through 40-2,170, 40-2,184, 40-2,190, 40-
113113 2,194, 40-2,210 through 40-2,216, 40-2a01 et seq., 40-2111 through 40-
114114 2116, 40-2215 through 40-2220, 40-2221a, 40-2221b, 40-2229, 40-2230,
115115 40-2250, 40-2251, 40-2253, 40-2254, 40-2401 through 40-2421, and 40-
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159159 3301 through 40-3313 and K.S.A. 40-2,105a, 40-2,105b, 40-2,184, 40-
160160 2,190, 40-2,194 and 40-2,210 through 40-2,216, and amendments thereto,
161161 and section 1, and amendments thereto, except as the context otherwise
162162 requires, and shall not be subject to any other provisions of the insurance
163163 code except as expressly provided in this act.
164164 (b) No policy, agreement, contract or certificate issued by a
165165 corporation to which this section applies shall contain a provision which
166166 that excludes, limits or otherwise restricts coverage because medicaid
167167 benefits as permitted by title XIX of the social security act of 1965 are or
168168 may be available for the same accident or illness.
169169 (c) Any violation of subsection (b) shall be subject to the penalties
170170 prescribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
171171 Sec. 4. K.S.A. 40-2,103 and 40-19c09 are hereby repealed.
172172 Sec. 5. This act shall take effect and be in force from and after its
173173 publication in the statute book.
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