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Kansas - Compensation & Benefit Legislation

KANSAS - AASHOWME

Demonstrates www.BenefitsReview.com™ site. Illustrates insurance carriers' coverages within the State.

 

KANSAS - ADOPTED CHILD HEALTH CARE MANDATE

OBRA 1993 (Federal) requires group health plans to honor medical and child support orders. Also, plans must treat adopted children like biological children covered by the plan, and plans are precluded from applying pre-existing condition exclusions to an adopted child where no such exclusion applies to a newborn biological child. Health plans that covered the cost of pediatric vaccines as of May 1, 1993, and fail to continue that level of coverage, will be subject to an excise tax penalty applicable to plans that fail to meet the health care continuation coverage requirements under OBRA 1993.

 

Mandatory coverage is included in state's newborn health care mandate; however, coverage of expenses of birth is an employer option.

 

Preventive care for children: Yes, for immunizations to 36 months.

 

(Kansas Stat. Ann. Sections 40-2, 102)

 

KANSAS - ALCOHOLISM & DRUG ABUSE

Mandatory coverage.

Minimum yearly inpatient coverage: 30 days (applies to mental health coverage combined with alcoholism and drug abuse treatment).

 

Minimum yearly outpatient coverage: 100% of first $100, 80% of next $100, 50% of next $1,640 (applies to mental health coverage combined with alcoholism and drug abuse treatment.)

 

Minimum lifetime coverage: $7,500.

 

(Kansas Stat. Ann. Section 40-2,105)

 

KANSAS - CAFETERIA PLAN TAX LAWS

State income tax, unemployment insurance tax on salary reduction: No. Follows FUTA.

 

KANSAS - CONTINUATION OF COVERAGE CONVERSIONS

Events Triggering Continuation of Coverage:

 

KANSAS - COORDINATION OF BENEFITS

Requires use of the birthday rule if coordinating benefits (effective July 1, 1985). Adopted 1985 National Association of Insurance Commissioner Rules model by reference with certain exceptions. (Kansas Admin. Regs. Section 40-4-34)

 

KANSAS - COST-OF-LIVING

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian cost-of-living data and U.S. Automobile Cost Survey.

 

KANSAS - DRUG TESTING AND EMPLOYEE ASSISTANCE BENEFITS

Who is Covered by Statute: Persons taking office as Governor, Lieutenant Governor, or Attorney General, or for safety-sensitive positions in state government (state police officers who carry firearms, state correction officers, appointed heads of state agencies, and Governor's staff). Also, employees of mental health institutions.

 

Applicant Testing: Applicant testing is allowed for applicants for safety-sensitive positions in state government, but applicants must first be given conditional offer of employment.

 

Employee Testing: Employee testing is allowed, based on reasonable suspicion of illegal drug use.

 

How Test Results are Used: No person may be terminated solely because of positive results of a drug test administered as port of a program authorized b this law/section if (1) the employee has not previously had a valid positive test result and (2) the employee undergoes drug evaluation and successfully completes any education or treatment program recommended as a result of the evaluation.

 

Enforcement of Statutes: State has no statutory requirements.

 

Employee Remedies: State has no statutory requirements.

 

Employer Penalties: State has no statutory requirements.

 

Who Pays for Testing: State has no statutory requirements.

 

Employee Assistance Benefits: State has no statutory requirements.

 

Other Requirements: Any public announcement or advertisement soliciting applications for certain positions must give notice of the drug screening program.

 

(Kansas Gen. Stat. Ann. Sections 75-4362-75-4363.)

 

KANSAS - GROUP HEALTH CODE ADDITIONS (MANDATED)

Abortion: In instances where an abortion becomes necessary because of a medical emergency, a physician must inform a woman, preferably prior to the procedure, of the medical indications necessitating the abortion. (S205, 1997) (Kansas Stat. Ann. Section 65.6501.)

 

Adopted Children: Group policies (HMOs included) which provide benefits for family members of covered individuals also must provide coverage for adopted children. (H2137, 1997.) (Kansas Stat. Ann. Section 40-2,102.) Birth of Adopted Child: Group health policies (including HMOs), which offer benefits for family members of insured individuals, also must include coverage of child delivery and obstetrical expenses of the birth mother of a child adopted within 90 days of such child's birth. (H2137, 1997) (Kansas Stat. Ann. Section 40-2, 102.)

 

Alcoholism, Drug Abuse and Mental Health: Accident and sickness policies providing medical, surgical, or hospital coverage must cover treatment of alcoholism, drug abuse, or nervous or mental conditions of at least 30 days per year for inpatient treatment. Outpatient coverage must include 100 percent coverage of the first $100, 80 percent coverage of the first $100, 80 percent of the next $100, and 50 percent coverage of the next $1,640 per year, up to a lifetime limit of $7,500. (Kansas Stat. Ann. Section 40-2, 105.)

 

Coverage Continuation and Conversion: Group accident and sickness policies must provide continuation rights for up to 6 months and subsequent conversion rights to persons whose coverage terminates for any reason for themselves and their dependents. (Kansas Stat. Ann. Section 40-2,209(D).) Insurers must provide individuals whose coverage terminates with written certification at the time that benefits cease or at the time that COBRA continuation provisions are initiated. (S204, 1997) (Kansas Stat. Ann. Section 40-2209.)

 

Dependents: Group policies which provide hospital, medical, or surgical benefits and which provide for dependent coverage also must provide for coverage for those who become dependents of an insured individual through marriage, birth, adoption or placement for adoption. In such cases, a dependent special enrollment period of not less than 30 days goes into effect; the enrollment period begins on the later of the date such dependent coverage becomes available or the date of the marriage, birth, adoption, or placement for adoption. (S204, 1997) (Kansas Stat. Ann. Section 40-2209.)

 

Disclosure of Information: Health care insurers must supply insured individuals with a complete description of available health care services, any limitations, exceptions or exclusions, participating providers, advance notice of plan charges and grievance and appeals procedures. Insurers must not prohibit or restrict a participating provider from discussing or disclosing to individuals health care information which it deems appropriate. Information which must be disclosed includes treatment options; risks or alternative treatments; processes used to approve or deny health care services: alternate therapies, consultations, or tests; or utilization or grievance processes. (S204, 1997) (Kansas Stat. Ann. Section 40-2124.)

 

Domestic Abuse: (see Genetic Information)

 

Emergency Services: Health care insurers must not deny coverage for emergency services if a patient's symptoms recorded by an attending physician indicate that an emergency medical condition exists, or for emergency services necessary to provide an insured individual with a medical examination and stabilizing treatment, regardless of whether or not prior authorization was obtained for such services. (S204, 1997) (Kansas Stat. Ann. Section 40-2124.)

 

Genetic Information: Effective January 1, 1998 and expiring September 30, 2001, insurers must not require or request individuals to obtain genetic tests, to reveal whether genetic tests have been performed, or to release results of tests; to condition coverage on whether genetic tests have been performed or whether results have been released; or to determine rates of pay on the basis of whether genetic testing has been done and on the results of such tests. Group insurers must not establish rules relating to eligibility for coverage based on health status, medical condition, claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions arising out of acts of domestic violence), or disability. (S204, 1997) (Kansas Stat. Ann. Sections 40-2124, 40-2209.)

 

Health Insurance Associations: Health care insurers which provide health care coverage in Kansas must be members of the Kansas Health Insurance Association. (S204, 1997) (Kansas Stat. Ann. Section 40-2209.)

 

Health Maintenance Organizations: HMOs are organizations "granted a certificate of authority under the provisions of the health maintenance organization act." (S204, 1997) (Kansas Stat. Ann. Section 40-2209.)

 

Mammography and Pap Smears: Accident and sickness policies that cover laboratory or x-ray services must cover mammography and pap smears when performed at the direction of a doctor. (Kansas Stat. Ann. Section 40-2230.)

 

Maternity: Health care policies which provide coverage for maternity services, including benefits for childbirth, must provide a mother and her newborn child with inpatient care in a medical facility for at least 48 hours following a vaginal delivery and for at least 96 hours following a Caesarean section. A decision to allow an early hospitalization discharge after childbirth may be made by an attending physician. Except in cases where inpatient hospitalization care is determined by an attending physician to be medically necessary, coverage for inpatient childbirth care must not be required. Covered individuals must receive written notification of maternity care provisions. (S573, 1996) (Kansas Stat. Ann. Sections 40-2,103, 40-1909.)

 

Mental Health: Mental health coverage does not include the treatment of substance abuse or chemical dependency. (S204, 1997) (Kansas Stat. Ann. Section 40-2124.)

 

Newborns: Policies providing family coverage must provide benefits for newborns from the moment of birth for injury or sickness, including treatment of medically diagnosed congenital defects and abnormalities. (Kansas Stat. Ann. Section 40-2,102.) Newborns must be covered for routine and necessary immunizations. (S36, 1995.) Immunizations for newborns, with are administered from birth to 72 months of age, must not be subject to deductibles, co-payments, or co-insurance requirements. Required immunizations for newborns include those for diphtheria, pertussis, tetanus, polio, haemophillius B, hepatitis B, measles, mumps, rubella, and varicella; additional immunizations may become mandatory. (H2137, 1997) (Kansas Stat. Ann. Section 40-2,102.)

 

Policies for Small Employers: Small employers are those which are eligible for group sickness and accident insurance and which are actively engaged in business whose total employed work force consisted of, on at least half of its working days during the preceding year, at least two and no more than 50 eligible employees. (S204, 1998) (Kansas Stat. Ann. section40-2209.) Employers with 25 or fewer employees who have not had health coverage in the preceding 2 years may establish a special plan exempt from the above provisions. The plan must cover all reasonable and customary charges for necessary care and treatment of any sickness or injury up to $5,000 for the insured or $7,500 per family per year. Co-insurance and exclusions for pre-existing conditions are not permitted but a six month waiting period is allowed. Employee contributions of 25 percent of the monthly premium up to $15 per month is permitted. Employers must pay a premium of up to $40 per month per eligible employee. (Kansas Stat. Ann. Sections 40-2239 to 40-2247.) Group insurers which provide benefits to small employers must accept each small employer which applies for coverage and also must accept all employees and dependents who initially apply for coverage at the time a policy is offered. (S204, 1997) (Kansas Stat. Ann. Section 40-2209.)

 

Pre-existing Conditions: A pre-existing condition exclusion is a limitation or exclusion of benefits relating to a condition that was present before the date of enrollment for such coverage, whether or not any medical advice, diagnosis, care or treatment was recommended or received before that date. Exclusions must not exceed 90 days following enrollment and encompass mental and physical conditions for which care was recommended or received in the 90 days prior to the effective date of coverage. Neither genetic information (in the absence of a diagnosis of a condition relating to the information), nor pregnancy may be treated as pre-existing conditions. (S204, 1997) (Kansas Stat. Ann. Section 40-2209.)

 

Providers: Optometrists, dentists, podiatrists, licensed health practitioners, psychologists, licensed specialist social workers, and nurse practitioners: Costs for services must be covered if the provider is licensed, the service is within the provider's scope of services, and the service is covered by the policy. (Kansas Stat. Ann. Sections 40-2,100, 40-2,101, 40-1,104, 40-2,114, and 40-2250.)

 

Termination: Group insurance policies which are discontinued must not be reinstituted during a 5 year period beginning on the date of discontinuation. (S204, 1997) (Kansas Stat. Ann. Section 40-2209.)

     

KANSAS - GROUP HEALTH FOR SMALL EMPLOYERS

For insurance plans offered to small employers:

 

KANSAS - GROUP LIFE CODE ADDITIONS

Employer required to pay part of premium: Yes.

 

Percent of employees who must elect coverage (if employees pay part of premium): 75%.

 

Percent of employees who must be covered if employer pays all of premium: 100%.

 

Minimum number of employees in group plan: 3.

 

Employer prohibited as beneficiary: Yes.

 

Grace period (days): 31.

 

Mandatory conversion: Yes.

 

Other provisions: None.

 

(Kansas Stat. Ann. Sections 40-433m 40-434)

 

KANSAS - HOLIDAYS

January 1, Washington's Birthday (or 3rd Monday in February), Memorial Day (or last Monday in May), July 4, Labor Day (or 1st Monday in September), Veterans Day, and December 25 are state holidays in all 50 states and in the District of Columbia. Other holidays under State law include: Martin Luther King's birthday (or 3rd Monday in January) not a holiday under state law, but designated by the Governor, Lincoln's Birthday, Columbus Day (or 2nd Monday in October), Thanksgiving. Other: Any day designated by the Governor. (Kansas Stat. Ann. Sections 35-107, 35-201-35-206, 73-705, K.A.R. 1-9-2(b))

 

KANSAS - IMMIGRATION (PREVAILING WAGE POLICY)

See U.S. Federal General Administrative Letter 1-2000

 

KANSAS - JURY DUTY & WITNESS TIME OFF

Employer Restriction For Discharging Employee For Taking Leave For Jury Service: Yes, for permanent employees.

 

Remedies and Penalties: Violator may be liable for damages, including lost wages, reinstatement and reasonable attorney fees.

 

Other Requirements: None reported. (Kansas Stat. Ann. Section 43-173.)

 

Employer Restriction For Discharging Employee For Taking Leave to be a Witness: State reports no statutory requirements.

 

Remedies and Penalties: State reports no statutory requirements.

 

Other Requirements: None reported.

 

KANSAS - LEAVES OF ABSENCE

Employers Subject to Leave Laws: All employers.

 

Criteria for Eligibility: State reports no statutory requirements.

 

Maximum length of leave: Reasonable period of time.

 

Paid Leave: State does not require paid leave.

 

Acceptable Reasons for Leave: Birth of child.

 

Employment Guarantees After Leave: Entitled to reinstatement in the position held prior to leave or equivalent position, if employee expresses an intention to return to work within a reasonable period of time after childbirth.

 

Use of Vacation or other Time-off Benefits: State reports no statutory requirements.

 

Certification Required: State reports no statutory requirements.

 

Effect Of Leave on Other Benefits: No loss of other benefits.

 

Effect of Seniority Accrual During Leave: State reports no statutory requirements.

 

Minimum Requirements for Notification to Employer: State reports no statutory requirements.

 

Conditions for Denial of a Request For Leave: State reports no statutory requirements.

 

(Kansas Stat. Ann. Sections 44-1009(a), 44-1030(a)(1).)

 

See U.S. Federal Family and Medical Leave Act

 

KANSAS - LONG TERM DISABILITY CODE ADDITIONS

State does not require employer to provide long term disability benefits; although many employers do in order to remain competitive in hiring/retention of employees.

 

See LEAVES OF ABSENCE (above), WORKERS' COMPENSATION (below) and U.S. Federal Americans With Disabilities Act

 

KANSAS - MANDATED PROVIDERS

Optometrists, chiropractors, dentists, psychologists, podiatrists, social workers, and nurse practitioners. Mandatory coverage for osteopaths. (Kansas Stat. Ann. Sections 40-2, 100 et seq., 40-2250, 65-2802)

 

KANSAS - MENTAL HEALTH CARE

Mandatory coverage.

 

Minimum yearly inpatient coverage: 30 days; applies to combined mental health and substance abuse treatment.

 

Minimum yearly outpatient coverage: 100% of first $100, 80% of next $100, 50% of next $1,640; applies to combined mental health and substance abuse treatment.

 

Minimum lifetime coverage: $7,500.

 

(Kansas Stat. Ann. Sections 40-2, 105)

 

KANSAS - MINIMUM WAGE

Refer to the Federal minimum wage: $5.15 per hour (effective September 1, 1997).

 

Exemptions: Certain professionals, agriculture workers, domestics, outside sales, apprentices (lower), handicapped workers in special environments (lower). (Kansas Stat. Ann. Sections 4401202, 44-1203, 44-1207)

 

See U.S. Minimum Wage

 

KANSAS - NEW HIRE REPORTING

Who is required to report: All employers.

 

Who must be reported: All new hires required to complete a federal I-9 form who answer in the affirmative additional, mandatory form regarding whether the employee’s income is subject to child support orders.

 

Exempt from reporting: No exemptions.

 

Form(s) to file: W-4 form.

 

Filing deadline: Within 20 days of the date employee is first paid.

 

Employer information to be included: Name, address, and EIN.

 

Employee information to be included: Name, address, and SSN.

 

Penalty for failure to report: N/A.

 

(Senate Bill No. 140)

 

KANSAS - NEWBORN CARE MANDATE

Mandated coverage; however, coverage of expenses of birth is an employer option.

 

Preventive care for children: yes, for immunizations to 36 months. (Kansas Stat. Ann. Sections 40-2, 102)

 

KANSAS - PARENTAL LEAVE

See U.S. Federal Family and Medical Leave Act

 

KANSAS - PRE-EXISTING CONDITIONS

For insurance plans offered to small employers, 90-day waiting period. Otherwise, no exclusion for pre-existing condition. (Kansas Stat. Ann. Sections 40-2209f, 40-2240, 40-2241, 40-2243, 40-2244, 40-2245)

 

See U.S. Federal Health Insurance Portability & Accountability Act

 

KANSAS - PROTECTED CLASSIFICATIONS

Age:  No.

Race:  Yes.

Color:  Yes.

National Origin:  Yes.

Ancestry:  Yes.

Religion:  Yes.

Sex:  Yes.

Pregnancy:   No specific law. State has expressed policy against discrimination.

Sexual Harassment:  No specific law. State has expressed policy against discrimination.

 

(Kan. Stat. Ann. Section 44-1009.)

 

KANSAS - SALARY SURVEY

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian wages & salaries (covering 3,000 positions).

 

KANSAS - SHORT TERM DISABILITY CODE ADDITIONS

State does not require employer or employee participation in short term disability plans.

 

KANSAS - TERMINATION & SEVERANCE PAY

Date pay is due if employee is discharged: Payday.

 

Date due if employee resigns: Payday.

 

Wages: Yes.

 

Vacation Pay: Yes. (Case law appears to define wages as including vacation pay.)

 

Holiday: No.

 

Sick leave: No.

 

Severance: No.

 

(Kansas Stat. Ann. Section 44-315.) (See Dollison v. Osborne County, 737 P .2d 43 Kansas 1987)

 

KANSAS - UNEMPLOYMENT TAX

Employer Contributions:

 

 

Voluntary Contribution Provision: Yes. Within 30 days of mailing notice and before expiration of 120 days of beginning of year.

 

(Kansas Stat. Ann. Sections 44-703, 44-710, 44-710a, 44-714.)

 

KANSAS - VACATION PAY

See TERMINATION & SEVERANCE PAY (above)

 

KANSAS - VOTING TIME OFF

2 consecutive hours while the polls are open or amount of work time that, when added to time available before or after work, will total 2 consecutive hours while polls are open. (Kansas Stat. Ann. Sections 25-418, 25-2415.)

 

KANSAS - WORKERS' COMPENSATION

Private Employers: Mandatory as to all employments, including corporate executive officers. Elective as to partners, individuals, or self-employeds.

 

Public Employers: Mandatory as to all public employments. Members of firefighter's relief associations may elect to accept or reject coverage. Public agencies or entities may elect coverage for persons sentenced to community service.

 

Exceptions: Farm labor or any employer whose gross annual payroll is not more than $20,000; real estate brokers and salespersons on commission.

 

Special Coverage Provisions: Mandatory as to eleemosynary institutions. Voluntary as to excepted employments. Labor unions and associations may elect coverage for their members who perform services and are not full-time employees.

 

(U.S. Chamber of Commerce, 1994 Analysis of Workers' Compensation Laws.)