PROPOSED
K.A.R. 40-4-36.
Accident and sickness insurance; continuation and conversion
policies; reasonable notice of 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 coverage through the
(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 K.S.A. 40-3209, and amendments thereto, shall be fulfilled
if, during the six-month 18-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 coverage through the
(d) (b) 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 K.S.A. 40-3209,
and amendments thereto. (Authorized by K.S.A. 40-103, 40-19c06, and K.S.A.
2007 Supp. 40-2209, as amended by L. 2008, Ch. 164, §5; implementing
K.S.A. 2007 Supp. 40-19c06, as amended by L. 2008, Ch. 164, §3, and
40-2209, as amended by L. 2008, Ch. 164, §5, and 40-3209, as amended by L.
2008, Ch. 164, §7; effective, T-86-3, Jan. 9, 1985; effective May 1, 1985;
amended May 1, 1986; amended May 29, 1998; amended April 25, 2003; amended
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