Session Law

Identifying Information:L. 2003 ch. 022
Other Identifying Information:2003 Senate Bill 133
Tax Type:Other
Brief Description:An Act concerning workers compensation; relating to compilation and publication of cer- tain statistics and data; amending K.S.A. 2002 Supp. 44-557a and repealing the existing section.
Keywords:


Body:

CHAPTER 22

SENATE BILL No. 133


An Act concerning workers compensation; relating to compilation and publication of cer-

tain statistics and data; amending K.S.A. 2002 Supp. 44-557a and repealing the existing


section.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2002 Supp. 44-557a is hereby amended to read as

follows: 44-557a. (a) The director shall: (1) Compile and publish statistics

to determine the causation of compensable disabilities in the state of

Kansas and (2) compile and maintain a database of information on claim

characteristics and costs related to open and closed claims, in order to

determine the effectiveness of the workers compensation act to provide

adequate indemnity, medical and vocational rehabilitation compensation

to injured workers and to return injured workers to remunerative em-

ployment. The commissioner of insurance shall cooperate with the direc-

tor and shall make available any information which will assist the director

in compiling such information and statistics and may contract with the

director and the secretary of the department of health and environment

to collect such information as the director deems necessary. The secretary

of revenue shall cooperate with the director and shall disclose individual

income taxpayers names, addresses and social security numbers to the

director to be used solely for the verification of workers compensation

data files. For purposes of this subsection, such disclosure shall not be

considered the disclosure of any particulars of a report or return.

(b) In order to further the purpose of subsection (a), each self-insured

employer, group-funded workers compensation pool, insurance carrier

and vocational rehabilitation provider and insurance carrier shall submit

to the director the disposition of a statistically significant sample of open

and closed claims under the act and, in connection with the closing of

each claim in which payments were made, the following: (1) The dates,

time intervals, amounts and types of weekly disability payments made, (2)

the dates and gross amounts of payments made to each type of medical

compensation provider, (3) the dates and type of service for which pay-

ment was made and the gross amounts paid to each vocational rehabili-

tation provider, and (4) the dates and types of fees paid as claim costs.

Unless provided by regulations to the contrary, on or after January 1,

2004, any insurer, group-funded workers compensation pool or self-in-

sured employer who voluntarily submits claim information to the director

pursuant to release 1 of the international association of industrial accident

boards and commission's electronic data interchange implementation

guide dated August 9, 1995, and amendments thereto, up to April 4, 2002,

shall be deemed to be in compliance.

(c) Each self-insured employer, group-funded workers compensation

pool, insurance carrier, vocational rehabilitation provider, or health care

facility shall submit medical information, by procedure, charge and zip

code of the provider, or by hospital charge and related diagnostic and

procedure codes in order to set the maximum medical fee schedule. The

director of workers compensation may adopt and promulgate such rules

and regulations as the director deems necessary for the purposes of ad-

ministering and enforcing the provisions of this section.

(c) (d) The director may contract for professional actuarial or statis-

tical services to provide assistance in determining the types of information

and the methods of selecting and analyzing information as may be nec-

essary for the director to conduct studies of open and closed claims under

the workers compensation act and to enable the director to make valid

statistical conclusions as to the distribution of costs of workers compen-

sation benefits.

(d) (e) The director shall obtain such office and computer equipment

and employ such additional clerical help as the director deems necessary

to gather such information and prepare such statistics.

(e) (f) If a self-insured employer, group-funded workers compensa-

tion pool, insurance carrier or vocational rehabilitation provider or insur-

ance carrier fails to supply the information required by this section, the

director shall issue and serve upon such person a summary order or state-

ment of the charges with respect thereto and a hearing shall be conducted

thereon in accordance with the provisions of the Kansas administrative

procedure act. An administrative penalty of up to $500 for each violation

or act, along with an additional penalty of up to $100 for each week

thereafter that such report or other information is not provided to the

director shall be imposed.

Sec. 2. K.S.A. 2002 Supp. 44-557a is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved March 27, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003