48-292. Same; reinstatement rights; notice by insurance company.
48-292
48-292. Same; reinstatement rights; notice byinsurance company.(a) No Kansas resident activated for military service, and nospouseor anydependents of such a resident who become eligible for a federal governmentsponsored healthinsurance program as a result of such activation, shall be denied reinstatementinto the sameindividual coverage with the same health plan that such resident lapsed as aresult of activation orbecoming covered by the federal government sponsored health insurance program. Such residentwill have the right to reinstatement in the same individual coverage withoutmedicalunderwriting and in the same rating tier that the resident held prior toactivation or becomingcovered under the federal government sponsored health insurance program,subject to payment ofthe current premium charged to other persons of the same age and gender thatare covered underthe same individual coverage. Except in the case of birth or adoptions thatoccur during theperiod of activation, reinstatement must be into the same membership type, or amembership typecovering fewer persons, as such resident held prior to lapsing the individualcoverage, and at thesame or higher deductible level. The reinstatement rights shall not beavailable to an insured ordependents if the activated person is discharged from the military under otherthan honorableconditions.
(b) The health plan with which the reinstatement is being requested mustreceive arequest for such reinstatement no later than 30 days following the later ofdeactivation or loss ofcoverage under the federal government sponsored health insurance program. Thehealth planmay request proof of loss and the timing of the loss of such government fundedcoverage in orderto determine eligibility for reinstatement into the individual coverage. Theeffective date of theindividual coverage will be first of the month following receipt of the noticerequestingreinstatement.
(c) All health plans must provide written notice to the policyholder ofindividualcoverage of the rights described in subsection (a) of K.S.A. 48-292 andamendmentsthereto. In lieu ofthe inclusion of such notice in the individual coverage policy, an insurancecompany will satisfythe notification requirement by providing a single written notice either:
(1) To a policyholder enrolling into the individual coverage initially afterthe effectivedate of this act, in conjunction with the enrollment process; or
(2) by mailing written notice to policyholders whose coverage was effectiveprior to theeffective date of this act no later than 90 days following the effective dateof this act.
History: L. 2005, ch. 116, § 2; July 1.