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 9  AN ACT concerning insurance; relating to increased coverage for treat-
10    ment of diabetes; amending K.S.A. 1996 Supp. 40-1909 and 40-19c09
11    and repealing the existing sections; also repealing K.S.A. 40-1909, as
12    amended by section 110 of chapter 229 of the 1996 Session Laws of
13    Kansas, and K.S.A. 1996 Supp. 40-19c09, as amended by section 113
14    of chapter 229 of the 1996 Session Laws of Kansas.
15
16  Be it enacted by the Legislature of the State of Kansas:
17    New Section 1.  (a) This act shall be known and may be cited as the
18  ``diabetes coverage act.''
19    (b)  Any individual or group health insurance policy, medical service
20  plan, contract, hospital service corporation contract, hospital and medical
21  service corporation contract, fraternal benefit society or health mainte-
22  nance organization which provides coverage for accident and health serv-
23  ices and which is delivered, issued for delivery, amended or renewed on
24  or after July 1, 1997, also, shall provide coverage for equipment, supplies,
25  and outpatient self-management training and education, including med-
26  ical nutrition therapy, for the treatment of insulin dependent diabetes,
27  insulin-using diabetes, gestational diabetes and noninsulin using diabetes
28  if prescribed by a health care professional legally authorized to prescribe
29  such items under the law.
30    (c)  Diabetes outpatient self-management training and education shall
31  be provided by a certified, registered or licensed health care professional
32  with expertise in diabetes.
33    (d) (1)  The benefits provided in this act shall be subject to the same
34  annual deductible or co-insurance established for all other covered ben-
35  efits within a given policy.
36    (2)  Private third party payors may not reduce or eliminate coverage
37  due to the requirements of this act.
38    (3)  Enforcement of the provisions of this act shall be performed by
39  the commissioner of insurance.
40    Sec. 2.  K.S.A. 1996 Supp. 40-1909 is hereby amended to read as
41  follows: 40-1909. (a) Such corporations shall be subject to the provisions
42  of the Kansas general corporation code, articles 60 to 74, inclusive, of
43  chapter 17 of the Kansas Statutes Annotated, applicable to nonprofit cor-
SB 386
                                     

 1  porations, to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-
 2  219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-
 3  235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252,
 4  40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
 5  2,114, 40-2,116, 40-2,117, 40-2a01 to 40-2a19, inclusive, 40-2216 to 40-
 6  2221, inclusive, 40-2229, 40-2230, 40-2250, 40-2251, 40-2253, 40-2254,
 7  40-2401 to 40-2421, inclusive, 40-3301 to 40-3313, inclusive, and
 8  amendments thereto, and to the provisions of K.S.A. 1996 Supp. 40-2,153
 9  and, 40-2,154, 40-2,160 and 40-2,161, and amendments thereto, and
10  K.S.A. 1996 Supp. 40-2,160 section 1, except as the context otherwise
11  requires, and shall not be subject to any other provisions of the insurance
12  code except as expressly provided in this act.
13    (b)  No policy, agreement, contract or certificate issued by a corpo-
14  ration to which this section applies shall contain a provision which ex-
15  cludes, limits or otherwise restricts coverage because medicaid benefits
16  as permitted by title XIX of the social security act of 1965 are or may be
17  available for the same accident or illness.
18    (c)  Violation of subsection (b) shall be subject to the penalties pre-
19  scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
20    Sec. 3.  K.S.A. 1996 Supp. 40-19c09 is hereby amended to read as
21  follows: 40-19c09. (a) Corporations organized under the nonprofit med-
22  ical and hospital service corporation act shall be subject to the provisions
23  of the Kansas general corporation code, articles 60 to 74, inclusive, of
24  chapter 17 of the Kansas Statutes Annotated, applicable to nonprofit cor-
25  porations, to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-
26  219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-
27  235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252,
28  40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
29  2,116, 40-2,117, 40-2a01 et seq., 40-2111 to 40-2116, inclusive, 40-2215
30  to 40-2220, inclusive, 40-2221a, 40-2221b, 40-2229, 40-2230, 40-2250,
31  40-2251, 40-2253, 40-2254, 40-2401 to 40-2421, inclusive, and 40-3301
32  to 40-3313, inclusive, and amendments thereto, and to the provisions of
33  K.S.A. 1996 Supp. 40-2,153 and, 40-2,154, 40-2,160 and 40-2,161, and
34  amendments thereto, and K.S.A. 1996 Supp. 40-2,160 section 1, except
35  as the context otherwise requires, and shall not be subject to any other
36  provisions of the insurance code except as expressly provided in this act.
37    (b)  No policy, agreement, contract or certificate issued by a corpo-
38  ration to which this section applies shall contain a provision which ex-
39  cludes, limits or otherwise restricts coverage because medicaid benefits
40  as permitted by title XIX of the social security act of 1965 are or may be
41  available for the same accident or illness.
42    (c)  Violation of subsection (b) shall be subject to the penalties pre-
43  scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
SB 386
                                     

 1    Sec. 4.  K.S.A. 40-1909, as amended by section 110 of chapter 229 of
 2  the 1996 Session Laws of Kansas and K.S.A. 1996 Supp. 40-1909, 40-
 3  19c09 and 40-19c09, as amended by section 113 of chapter 229 of the
 4  1996 Session Laws of Kansas, are hereby repealed.
 5    Sec. 5.  This act shall take effect and be in force from and after its
 6  publication in the statute book.