Kansas Administrative Regulations

Agency 40. Insurance Department

Article 4. Accident and Health Insurance

40-4-36 Accident and sickness insurance; continuation and conversion policies; reasonable notice right to continuation and right to convert.

(a) The requirements for reasonable notice by the insurer of the right to continuation specified in K.S.A. 40-19c06 and K.S.A. 40-2209, and amendments thereto, shall be fulfilled if a form meeting the following requirements is transmitted to the insured person:

(1)  Describes the right to continue coverage under the group policy;

(2)  sets forth the premiums or subscriber's charges and mode of payment necessary to exercise this right; and

(3)  describes the availability of types of coverages through the Kansas health insurance association.

(b)  The form shall be directly delivered or transmitted to the last known address of the insured person.

(c)  The requirements for reasonable notice by the insurer of the right to convert specified in K.S.A. 40-19c06 and K.S.A. 40-2209, and amendments thereto, shall be fulfilled if, during the six-month continuation period, a form meeting the following requirements is transmitted to the person eligible for conversion:

(1)  Describes the conversion options;

(2)  describes the premiums or subscriber's charges for each option;

(3)  provides instructions regarding the action required to effect conversion; and

(4)  describes the availability of types of coverages through the Kansas health insurance association.

(d)  Insurers may include provisions in their group policies, subscription agreements, and certificates of coverage that are necessary to identify or obtain identification of persons and events that would activate the continuation and conversion rights created by K.S.A. 40-19c06 and K.S.A. 40-2209, and amendments thereto.

(Authorized by K.S.A. 40-103, K.S.A. 40-19c06 and K.S.A. 40-2209; implementing K.S.A. 40-19c06 and K.S.A. 40-2209; effective, T-86-3, Jan. 9, 1985; effective May 1, 1985; amended May 1, 1986; amended May 29, 1998; amended April 25, 2003.)