Bill Summary – FastDemocracy

Session of 2022
                           HOUSE BILL No. 2460
                              By Representative Coleman
                                        12-17

 AN ACT concerning insurance; relating to health insurance plans;
   mandating coverage of certain diagnostic services for breast cancer;
   making and concerning appropriations for fiscal years ending June 30,
   2022, June 30, 2023, and June 30, 2024, for the university of Kansas
   medical center; enacting Samantha's law; amending K.S.A. 40-2,103
   and 40-19c09 and repealing the existing sections.
 7
 Be it enacted by the Legislature of the State of Kansas:
     New Section 1. (a) The provisions of this section shall be known
 and may be cited as Samantha's law.
     (b) 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 that provides coverage for accident and
 health services and that is delivered, issued for delivery, amended or
 renewed on or after July 1, 2022, shall provide coverage for diagnostic: (1)
 Mammograms; (2) ultrasounds; or (3) biopsies for breast cancer for
 covered individuals 18 years of age or older.
     (c) The provisions of this section shall not apply to any policy or
 certificate that provides coverage for any specified disease, specified
 accident or accident only coverage, credit, dental, disability income,
 hospital indemnity, long-term care insurance as defined by K.S.A. 40-
 2227, and amendments thereto, vision care or any other limited
 supplemental benefit or to any medicare supplement policy of insurance as
 defined by the commissioner of insurance by rules and regulations, any
 coverage issued as a supplement to liability insurance, workers
 compensation or similar insurance, automobile medical-payment insurance
 or any insurance under which benefits are payable with or without regard
 to fault, whether written on a group, blanket or individual basis.
     (d) As used in this section, "diagnostic mammograms, ultrasounds or
 biopsies" means a medically necessary and appropriate mammogram,
 ultrasound or biopsy, as determined by a duly authorized healthcare
 professional treating the insured for breast cancer to evaluate an
 abnormality in the breast that has been seen or suspected from a screening
 examination for breast cancer, detected by another means of examination
     HB 2460                                    2
 or suspected based on the covered individual's medical or family history.
     (e) The provisions of K.S.A. 40-2248 through 40-2249a, and
 amendments thereto, shall apply to this section.
     New Sec. 2.
             UNIVERSITY OF KANSAS MEDICAL CENTER
     (a) There is appropriated for the above agency from the state general
 fund for the fiscal year ending June 30, 2022, the following:
 Metastatic breast cancer research...............................................$666,666.66
     New Sec. 3.
             UNIVERSITY OF KANSAS MEDICAL CENTER
     (a) There is appropriated for the above agency from the state general
 fund for the fiscal year ending June 30, 2023, the following:
 Metastatic breast cancer research...............................................$666,666.67
     (b) During the fiscal year ending June 30, 2023, in addition to the
 other purposes for which expenditures may be made by the university of
 Kansas medical center from moneys appropriated from the state general
 fund or from any special revenue fund or funds for fiscal year 2023 as
 authorized by this or other appropriation act of the 2022 regular session of
 the legislature, the university of Kansas medical center shall make
 expenditures from such moneys to submit a report to the governor and the
 legislature detailing the status of metastatic breast cancer research at the
 university of Kansas medical center and an accounting of how the
 university of Kansas cancer center has used moneys in the metastatic
 breast cancer research account of the state general fund in fiscal year 2022
 and year-to-date fiscal year 2023: Provided, That such report shall be filed
 with the governor, the chief clerk of the house of representatives and the
 secretary of the senate on or before January 9, 2023.
     New Sec. 4.
             UNIVERSITY OF KANSAS MEDICAL CENTER
     (a) There is appropriated for the above agency from the state general
 fund for the fiscal year ending June 30, 2024, the following:
 Metastatic breast cancer research...............................................$666,666.67
     (b) During the fiscal year ending June 30, 2024, in addition to the
 other purposes for which expenditures may be made by the university of
 Kansas medical center from moneys appropriated from the state general
 fund or from any special revenue fund or funds for fiscal year 2024 as
 authorized by this or other appropriation act of the 2022 or 2023 regular
 session of the legislature, the university of Kansas medical center shall
 make expenditures from such moneys to submit a report to the governor
 and the legislature detailing the status of metastatic breast cancer research
 at the university of Kansas medical center and an accounting of how the
 university of Kansas cancer center has used moneys in the metastatic
 breast cancer research account of the state general fund in fiscal year 2023
     HB 2460                              3
 and year-to-date fiscal year 2024: Provided, That such report shall be filed
 with the governor, the chief clerk of the house of representatives and the
 secretary of the senate on or before January 8, 2024.
    Sec. 5. K.S.A. 40-2,103 is hereby amended to read as follows: 40-
 2,103. The requirements of K.S.A. 40-2,100, 40-2,101, 40-2,102, 40-
 2,104, 40-2,105, 40-2,105a, 40-2,105b, 40-2,114, 40-2,160, 40-2,165
 through 40-2,170, 40-2250, K.S.A. 40-2,105a, 40-2,105b, 40-2,184, 40-
 2,190, 40-2,194 and, 40-2,210 through 40-2,216, 40-2250 and section 1,
 and amendments thereto, shall apply to all insurance policies, subscriber
 contracts or certificates of insurance delivered, renewed or issued for
 delivery within or outside of this state or used within this state by or for an
 individual who resides or is employed in this state.
    Sec. 6. K.S.A. 40-19c09 is hereby amended to read as follows: 40-
 19c09. (a) Corporations organized under the nonprofit medical and
 hospital service corporation act shall be subject to the provisions of the
 Kansas general corporation code, articles 60 through 74 of chapter 17 of
 the Kansas Statutes Annotated, and amendments thereto, applicable to
 nonprofit corporations, to the provisions of K.S.A. 40-214, 40-215, 40-
 216, 40-218, 40-219, 40-222, 40-223, 40-224, 40-225, 40-229, 40-230, 40-
 231, 40-235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-
 252, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-
 2,105a, 40-2,105b, 40-2,116, 40-2,117, 40-2,125, 40-2,153, 40-2,154, 40-
 2,160, 40-2,161, 40-2,163 through 40-2,170, 40-2,184, 40-2,190, 40-
 2,194, 40-2,210 through 40-2,216, 40-2a01 et seq., 40-2111 through 40-
 2116, 40-2215 through 40-2220, 40-2221a, 40-2221b, 40-2229, 40-2230,
 40-2250, 40-2251, 40-2253, 40-2254, 40-2401 through 40-2421, and 40-
 3301 through 40-3313 and K.S.A. 40-2,105a, 40-2,105b, 40-2,184, 40-
 2,190, 40-2,194 and 40-2,210 through 40-2,216 section 1, and
 amendments thereto, except as the context otherwise requires, and shall
 not be subject to any other provisions of the insurance code except as
 expressly provided in this act.
    (b) No policy, agreement, contract or certificate issued by a
 corporation to which this section applies shall contain a provision which
 excludes, limits or otherwise restricts coverage because medicaid benefits
 as permitted by title XIX of the social security act of 1965 are or may be
 available for the same accident or illness.
    (c) Violation of subsection (b) shall be subject to the penalties
 prescribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
    Sec. 7. K.S.A. 40-2,103 and 40-19c09 are hereby repealed.
    Sec. 8. This act shall take effect and be in force from and after its
 publication in the Kansas register.
Statutes affected: 
As introduced: 40-2, 40-19c09, 40-2407, 40-2411