Session of 2025
HOUSE BILL No. 2296
By Representatives Featherston, Alcala, Amyx, Ballard, Brownlee Paige, Carlin,
Carr, Curtis, Haskins, Helgerson, Hoye, Johnson, McDonald, Melton, Meyer,
Miller, Mosley, Neighbor, Oropeza, Osman, Pickert, Poskin, Reavis, Resman,
Roth, S. Ruiz, Sawyer, Sawyer Clayton, Schreiber, Schwertfeger, Seiwert,
Simmons, Stiens, Stogsdill, Vaughn, Weigel, Wikle, L. Williams, Winn, Xu and
Woodard
2-5
AN ACT concerning insurance; relating to health insurance plans;
requiring no cost-sharing requirement applicable for a diagnostic or
supplemental breast examination for breast cancer imposed on an
insured; amending K.S.A. 40-2,103 and 40-19c09 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Every 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 that provides coverage for accident and
health services that is delivered, issued for delivery, amended or renewed
on or before January 1, 2026, and provides benefits for screening,
diagnostic breast examinations and supplemental breast examinations shall
ensure that there is no cost-sharing requirement applicable to a diagnostic
or supplemental breast examination for breast cancer imposed on an
insured when such an examination is furnished to an insured.
(b) If under federal law, application of subsection (a) would result in
health savings account ineligibility under section 223 of the federal
internal revenue code, then this requirement shall apply only to health
savings account-qualified high deductible health plans after the enrollee
has satisfied the minimum deductible under section 223. For items or
services that are classified as preventive care pursuant to section 223(c)(2)
(C) of the federal internal revenue code, the requirements of subsection (a)
shall apply regardless of whether the minimum deductible under section
223 has been satisfied.
(c) The provisions of K.S.A. 40-2248 and 40-2249a, and amendments
thereto, shall not apply to this section.
(d) As used in this section:
(1) "Cost-sharing requirement" means a deductible, coinsurance, co-
payment or similar out-of-pocket expense.
(2) "Diagnostic breast examination" means a medically necessary and
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appropriate, in accordance with national comprehensive cancer network
guidelines, examination of the breast, including, but not limited to, such an
examination using contrast-enhanced mammography, diagnostic
mammography, breast magnetic resonance imaging, or breast ultrasound
that is used to evaluate an abnormality:
(A) Seen or suspected from a screening examination for breast
cancer; or
(B) detected by other means of examination.
(3) "Insured" means an individual who is covered by a health
insurance plan.
(4) "Supplemental breast examination" means a medically necessary
and appropriate, in accordance with national comprehensive cancer
network guidelines, examination of the breast, including, but not limited
to, such an examination using contrast-enhanced mammography,
diagnostic mammography, breast magnetic resonance imaging or breast
ultrasound that is used to screen for breast cancer:
(A) When there is no abnormality seen or suspected; and
(B) based on personal or family medical history or additional factors
that may increase the individual's risk of breast cancer.
Sec. 2. K.S.A. 40-2,103 is hereby amended to read as follows: 40-
2,103. The requirements of K.S.A. 40-2,100, 40-2,101, 40-2,102, 40-
2,104, 40-2,105, 40-2,105a, 40-2,105b, 40-2,114, 40-2,160, 40-2,165
through 40-2,170, 40-2,184, 40-2,190, 40-2,194, 40-2,210 through 40-
2,216, 40-2250, K.S.A. 40-2,105a, 40-2,105b, 40-2,184, 40-2,190, 40-
2,194 and 40-2,210 through 40-2,216, and amendments thereto, and
section 1, and amendments thereto, shall apply to all insurance policies,
subscriber contracts or certificates of insurance delivered, renewed or
issued for delivery within or outside of this state or used within this state
by or for an individual who resides or is employed in this state.
Sec. 3. K.S.A. 40-19c09 is hereby amended to read as follows: 40-
19c09. (a) Corporations organized under the nonprofit medical and
hospital service corporation act shall be subject to the provisions of the
Kansas general corporation code, articles 60 through 74 of chapter 17 of
the Kansas Statutes Annotated, and amendments thereto, applicable to
nonprofit corporations, to the provisions of K.S.A. 40-214, 40-215, 40-
216, 40-218, 40-219, 40-222, 40-223, 40-224, 40-225, 40-229, 40-230, 40-
231, 40-235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-
252, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
2,105a, 40-2,105b, 40-2,116, 40-2,117, 40-2,125, 40-2,153, 40-2,154, 40-
2,160, 40-2,161, 40-2,163 through 40-2,170, 40-2,184, 40-2,190, 40-
2,194, 40-2,210 through 40-2,216, 40-2a01 et seq., 40-2111 through 40-
2116, 40-2215 through 40-2220, 40-2221a, 40-2221b, 40-2229, 40-2230,
40-2250, 40-2251, 40-2253, 40-2254, 40-2401 through 40-2421, and 40-
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3301 through 40-3313 and K.S.A. 40-2,105a, 40-2,105b, 40-2,184, 40-
2,190, 40-2,194 and 40-2,210 through 40-2,216, and amendments thereto,
and section 1, and amendments thereto, except as the context otherwise
requires, and shall not be subject to any other provisions of the insurance
code except as expressly provided in this act.
(b) No policy, agreement, contract or certificate issued by a
corporation to which this section applies shall contain a provision which
that excludes, limits or otherwise restricts coverage because medicaid
benefits as permitted by title XIX of the social security act of 1965 are or
may be available for the same accident or illness.
(c) Any violation of subsection (b) shall be subject to the penalties
prescribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
Sec. 4. K.S.A. 40-2,103 and 40-19c09 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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