Session Law

Identifying Information:L. 2002 ch. 030
Other Identifying Information:2002 Senate Bill 469
Tax Type:Other
Brief Description:An Act concerning the state health care benefits program; concerning participation by local governmental entities in such program; amending K.S.A. 75-6501, 75-6506 and 75-6509 and repealing the existing sections.
Keywords:


Body:

CHAPTER 30

SENATE BILL No. 469


An Act concerning the state health care benefits program; concerning participation by local

governmental entities in such program; amending K.S.A. 75-6501, 75-6506 and 75-6509


and repealing the existing sections.


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

Section 1. K.S.A. 75-6501 is hereby amended to read as follows: 75-

6501. (a) Within the limits of appropriations made or available therefor

and subject to the provisions of appropriation acts relating thereto, the

Kansas state employees health care commission shall develop and provide

for the implementation and administration of a state health care benefits

program.

(b) The state health care benefits program may provide benefits for

persons qualified to participate in the program for hospitalization, medical

services, surgical services, nonmedical remedial care and treatment ren-

dered in accordance with a religious method of healing and other health

services. The program may include such provisions as are established by

the Kansas state employees health care commission, including but not

limited to qualifications for benefits, services covered, schedules and

graduation of benefits, conversion privileges, deductible amounts, limi-

tations on eligibility for benefits by reason of termination of employment

or other change of status, leaves of absence, military service or other

interruptions in service and other reasonable provisions as may be estab-

lished by the commission.

(c) The Kansas state employees health care commission shall desig-

nate by rules and regulations those persons who are qualified to partici-

pate in the state health care benefits program, including active and retired

public officers and employees and their dependents as defined by rules

and regulations of the commission. In designating persons qualified to

participate in the state health care benefits program, the commission may

establish such conditions, restrictions, limitations and exclusions as the

commission deems reasonable. Such conditions, restrictions, limitations

and exclusions shall include the conditions contained in subsection (d) of

section 2, and amendments thereto. Each person who was formerly

elected or appointed and qualified to an elective state office and who was

covered immediately preceding the date such person ceased to hold such

office by the provisions of group health insurance or a health maintenance

organization plan under the law in effect prior to August 1, 1984, or the

state health care benefits program in effect after that date, shall continue

to be qualified to participate in the state health care benefits program

and shall pay the cost of participation in the program as established and

in accordance with the procedures prescribed by the commission if such

person chooses to participate therein.

(d) The state health care benefits program established under this act

shall be effective on and after August 1, 1984.

Sec. 2. K.S.A. 75-6506 is hereby amended to read as follows: 75-

6506. (a) The participation of a person qualified to participate in the state

health care benefits program shall be voluntary, and the cost of the state

health care benefits program for such person shall be established by the

Kansas state employees health care commission.

(b) Periodic deductions from state payrolls may be made in accord-

ance with procedures prescribed by the secretary of administration to

cover the costs of the state health care benefits program payable by per-

sons who are on the state payroll when authorized by such persons. Any

such periodic payroll deductions in effect on an implementation date for

biweekly payroll periods shall be collected in the manner prescribed by

the secretary of administration.

(c) In the event that the Kansas state employees health care com-

mission designates by rules and regulations a group of persons on the

payroll of a county, township, city, special district or other local govern-

mental entity, public school district, licensed child care facility operated

by a not-for-profit corporation providing residential group foster care for

children and receiving reimbursement for all or part of such care from

the department of social and rehabilitation services, nonprofit community

mental health center, as provided in K.S.A. 19-4001 et seq. and amend-

ments thereto, nonprofit community facility for the mentally retarded, as

provided in K.S.A. 19-4001 et seq. and amendments thereto, or nonprofit

independent living agency, as defined in K.S.A. 65-5101 and amendments

thereto, as qualified to participate in the state health care benefits pro-

gram, periodic deductions from payrolls of the local governmental entity,

public school district, licensed child care facility operated by a not-for-

profit corporation providing residential group foster care for children and

receiving reimbursement for all or part of such care from the department

of social and rehabilitation services, nonprofit community mental health

center, as provided in K.S.A. 19-4001 et seq. and amendments thereto,

nonprofit community facility for the mentally retarded, as provided in

K.S.A. 19-4001 et seq. and amendments thereto, or nonprofit independ-

ent living agency, as defined in K.S.A. 65-5101 and amendments thereto,

may be made to cover the costs of the state health care benefits program

payable by such persons when authorized by such persons. All such mon-

eys deducted from payrolls shall be remitted to the Kansas state employ-

ees health care commission in accordance with the directions of the com-

mission.

(d) On and after July 1, 2002, whenever the Kansas state employees

health care commission designates any entity listed in subsection (c) as

qualified to participate in the state health care benefits program, such

entity's participation shall be conditioned upon the following:

(1) At least 70% of such entity's employees shall participate in the

state health care plan;

(2) except as provided by paragraph (6) of this subsection, the rate

of the premium paid by the entity as the employer's share of the total

amount of premium paid shall be at least equal to the rate paid by the

state of Kansas for its employees;

(3) the entity shall not create, maintain or permit any exemption from

participation in the state health care plan for such entity's employees;

(4) the rate charged to such entity shall be sufficient to pay for any

administrative or underwriting costs incurred by the state employees

health care commission;

(5) the rate charged to such entity shall not increase the rate of pre-

mium paid by the state of Kansas for its employees;

(6) the entity shall elect to participate for a minimum of three con-

secutive years in the state health care benefits program; and

(7) the commission may authorize an entity to pay less than the state

rate for the employee coverage for no more than three years and no more

than five years for dependent coverage on the condition that the entity

elects to participate for at least three consecutive years after first paying

the state rate for employee coverage.

Sec. 3. K.S.A. 75-6509 is hereby amended to read as follows: 75-

6509. Commencing with the regular session of the legislature in 1985 and

with each regular session of the legislature thereafter, the Kansas state

employees health care commission shall submit to the president of the

senate and to the speaker of the house of representatives, on the day the

governor's budget report is submitted to the legislature, recommenda-

tions with respect to the state health care benefits program together with

estimates of the cost of the program proposed by the commission, in-

cluding a five-year projection of the cost of the program, and the esti-

mated cost of admitting each entity pursuant to subsection (c) of K.S.A.

75-6506 and amendments thereto. Together with the recommendations

submitted, the commission shall include alternatives for cost containment

and benefit coverage for qualified persons for both the proposed program

and the five-year projected program. The commission shall also submit

any recommendations for legislation with respect to the state health care

benefits program.

Sec. 4. K.S.A. 75-6501, 75-6506 and 75-6509 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 4, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002