Session Law

Identifying Information:L. 2001 ch. 198
Other Identifying Information:2001 Senate Bill 19*
Tax Type:Other
Brief Description:An Act concerning health; relating to gynecological care and the diagnosis and treatment of osteoporosis and relating to the state employees health benefits program.




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


(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, 2000.


Date Composed: 09/25/2001 Date Modified: 09/25/2001