Ch. 95             1997 Session Laws of Kansas             329

An Act concerning health benefit coverage; policies and contracts therefor; coverage for
certain children; insurance coverage for immunizations; amending K.S.A. 1996 Supp.
40-2,102 and repealing the existing section.

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

Section 1. K.S.A. 1996 Supp. 40-2,102 is hereby amended to read as
follows: 40-2,102. (a) (1) All individual and group health insurance policies
providing coverage on an expense incurred basis, individual and group
service or indemnity type contracts issued by a profit or nonprofit cor-
poration and all contracts issued by health maintenance organizations
organized or authorized to transact business in this state which provides
coverage for a family member of the enrollee, insured or subscriber shall,
as to such family members' coverage, also provide that the health insur-
ance benefits applicable for children shall be payable with respect to a:
(A) Newly born child of the enrollee, insured or subscriber from the
moment of birth; (B) newly born child adopted by the enrollee, insured
or subscriber from the moment of birth if a petition for adoption as pro-
vided in K.S.A. 59-2128 and amendments thereto was filed within 31 days
of the birth of the child; or (C) child adopted by the enrollee, insured or
subscriber from the date the petition for adoption as provided in K.S.A.
59-2128 and amendments thereto was filed or (D) child placed in enrollee,
insured or subscriber's home by a child placement agency as defined by
K.S.A. 65-503 and amendments thereto, for the purpose of adoption from
the date of placement as certified by the enrollee, insured or subscriber.
In no case shall the time from the date of placement to the date the petition
for adoption as provided in K.S.A. 59-2128 and amendments thereto was
filed exceed 280 days.

(2) The coverage for newly born children shall consist of: (A) Cov-
erage of injury or sickness including the necessary care and treatment of
medically diagnosed congenital defects and birth abnormalities; and (B)
routine and necessary immunizations for all newly born children of the
insured or subscriber. For purposes of this paragraph ``routine and nec-
essary immunizations'' shall consist of at least three five doses of vaccine
against diptheria, pertussis, tetanus,; at least four doses of vaccine against
polio, and Haemophilus B (Hib) and ; and three doses of vaccine against

330             1997 Session Laws of Kansas             Ch. 95

Hepatitis B; one dose two doses of vaccine against measles, mumps and
rubella; one dose of vaccine against varicella and such other vaccines and
dosages as may be prescribed by the secretary of health and environment.
The required benefits shall apply to immunizations administered to each
newly born child from birth to 36 72 months of age and shall not be
subject to any deductible, copayment or coinsurance requirements.

(3) If payment of a specific premium or subscription fee is required
to provide coverage for a child, the policy or contract may require that
notification of birth of a newly born child or the filing of the petition for
adoption or certification that a child has been placed in the home for
adoption as defined by subsection (a)(1)(D) and payment of the required
premium or fees must be furnished to the health maintenance organi-
zation, insurer or nonprofit service or indemnity corporation within 31
days after the date of birth or the filing of the petition for adoption or
certification that a child has been placed in the home for adoption as
defined by subsection (a)(1)(D) in order to have the coverage continue
beyond such 31-day period.

(4) The contract issued by a health maintenance organization may
provide that the benefits required pursuant to this subsection shall be
covered benefits only if the services are rendered by a provider who is
designated by and affiliated with the health maintenance organization.

(b) (1) All individual and group health insurance policies providing
coverage on an expense incurred basis, individual and group service or
indemnity type contracts issued by a profit or nonprofit corporation and
all contracts issued by health maintenance organizations organized or au-
thorized to transact business in this state which provides coverage for a
family member of the enrollee, insured or subscriber, as to such family
members' coverage, shall also offer an option whereby the health insur-
ance benefits shall include delivery and obstetrical expenses at birth of
the birth mother of a child adopted within 90 days of birth of such child
by the enrollee, insured or subscriber subject to the same limitations
contained in such policy or contract applicable to the enrollee, insured
or subscriber. Such offer of an option regarding such delivery and ob-
stetrical expense shall be made to the enrollee of a health maintenance
organization and to the insured and, to the individual subscribers in the
case of a group health insurance policy.

(2) Contracts issued by a health maintenance organization may pro-
vide that the benefits required pursuant to paragraph (1) of this subsec-
tion, shall be covered benefits only if the services are rendered by a pro-
vider who is designated by and affiliated with the health maintenance
organization.

Sec. 2. K.S.A. 1996 Supp. 40-2,102 is hereby repealed.

Ch. 95             1997 Session Laws of Kansas             331

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 1997.