Kansas Administrative Regulations

Note: It is believed the rules and regulations included here are true, correct and current copies of the rules and regulations of the Kansas Insurance Department. However, the official file of all agency rules and regulations is maintained by the Kansas Secretary of State.

Agency 40. Insurance Department

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Article 1. General


40-1-1 Officers, directors, trustees; financial interest in sale or loan by company; prohibited.
40-1-3 Foreign insurance companies; deposit requirements.
40-1-5 Insurance companies; changes in charter, bylaws, officers, management; reports to commissioner.
40-1-9 Insurance companies; insurance contracts; premiums defined.
40-1-10 Insurance companies; premium financing plans; requirements.
40-1-12 Insurance companies; unauthorized writing of insurance; premium tax.
40-1-15 Insurance companies; approval of forms; company names.
40-1-16 Insurance companies; approval of forms; advertising.
40-1-17 Insurance companies; policy forms; return of unearned premium; condition precedents prohibited.
40-1-19 Insurance companies; combination policies; requirements.
40-1-20 Same; subrogation clause prohibited for certain coverages.
40-1-22 Insurance policies; change of name or merger of an insurance company; assumption of risk endorsements; requirements.
40-1-28 Insurance holding companies; information required; disclaimer of affiliation; termination of registration; acquisition of control.
40-1-31 Insurance policies; prohibiting certain discriminations.
40-1-32 Insurance companies; riders or endorsements; change in coverage or benefits; consent of policyholder.
40-1-33 Suspension of form filing requirements.
40-1-34 Unfair claims settlement practices.
40-1-36 Life and health insurance applications; underwriting; acquired immunodeficiency syndrome (AIDS); defined.
40-1-37 Audited financial reports; filing requirements.
40-1-38 Insurance companies; hazardous financial condition; standards; corrective actions.
40-1-39 Insurance; endorsements and riders; change in coverage; consent of policyholder.
40-1-41 Insurance companies; managing general agents; management agreements or contracts; definitions; requirements; prohibitions.
40-1-42 Electronic filing and filing financial statements.
40-1-43 Reinsurance trust instruments; letters of credit.
40-1-44 Actuarial opinions and memorandums.
40-1-45 Release of data from the insurance database.
40-1-46 Privacy of consumer financial information.
40-1-47 Insurance companies; deposits; requirements.
40-1-48 Risk-based capital instructions for health organizations.
40-1-49 Stop loss or excess loss insurance; policy standards.
40-1-50 Insurance scoring, definitions; requirements
40-1-51 Securities valuation; requirements. - Revoked
40-1-52 Corporate governance annual disclosure; reporting forms and instructions
40-1-53 Suitability in annuity transactions.
40-1-54 Pharmacy Benefits Manager, network adequacy report.

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Article 2. Life Insurance


40-2-7 Life insurance companies and fraternal benefit associations; lapse of policies providing for automatic term insurance or fractional paid-up insurance; notice to policyholders required.
40-2-8 Life insurance policies; premium deposit fund provisions; requirements.
40-2-9 Life insurance companies; extra premium payments; limits.
40-2-10 Same; deficiency reserves; requirements.
40-2-11 Life insurance policies; "wholesale" or "franchise" plan; requirements.
40-2-12 Replacement of life insurance and annuities.
40-2-13 Life insurance policies; promissory notes and installment contracts; college students; requirements.
40-2-14 Life insurance and annuities; deceptive practices; requirements; prohibitions.
40-2-14a Life insurance and annuities; recommendation standards
40-2-14b Life insurance and annuities; recommendation standards, supervision standards - Revoked
40-2-15 Individual life insurance policies; right to return policy.
40-2-16 Life insurance and annuities; mortality tables; sexual distinctions; permits and prohibitions.
40-2-17 Life insurance and annuities; mortality tables; smokers and nonsmokers; permits and prohibitions.
40-2-18 Annuities; mortality tables; permits and prohibitions; effective dates.
40-2-19 Kansas life and health insurance guaranty association act; notice to policyholders; requirements.
40-2-20 Life insurance; accelerated benefits; requirements and restrictions.
40-2-23 Life insurance; preneed funeral contracts or arrangements; disclosure; requirements.
40-2-24 Life and health reinsurance agreements.
40-2-25 Life insurance illustrations.
40-2-26 Valuation of life insurance policies.
40-2-27 Minimum reserve liabilities and nonforfeiture benefits.
40-2-28 Preneed insurance contracts; minimum standards for determining reserves.
40-2-29 Life insurance; valuation of credit life insurance policies.
40-2-30 Military sales practices.

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Article 3. Fire and Casualty Insurance


40-3-1 Insurance companies; capital, surplus and deposit requirements.
40-3-2 foreign stock or mutual fire and casualty companies; deposit requirements.
40-3-5 Fire and casualty insurance; rating organizations; filing of forms.
40-3-6 Fire and casualty insurance; rates and forms; unfair discrimination; fictitious classification prohibited.
40-3-7 Fire and casualty insurance; mutual insurers; reciprocal interinsurance exchanges; capital stock insurers issuing participating policies; dividends; requirements.
40-3-8 Fire and casualty insurance; participating policies; filing requirements.
40-3-9 Fire and casualty companies; participating policies; payment of dividends to insured required; conditioning dividends on continuance of policy prohibited.
40-3-11 Property insurance; possession of policy in person other than insured; copy for insured.
40-3-12 Fire and casualty insurance companies; rating plans; requirements.
40-3-13 Fire and casualty insurance companies; rating plans; duplication prohibited.
40-3-14 Mutual fire and tornado insurance companies; extended coverage endorsement.
40-3-15 Fire and casualty insurance contracts; cancellation at option of insurer; notice required.
40-3-16 Fire and casualty insurance policies and applications; "warranties" prohibited.
40-3-17 Liability insurance contracts; liability of insuring company.
40-3-18 Fire and casualty insurance; private passenger automobiles; rating information.
40-3-19 Fire and casualty insurance; auto physical damage policies; insured's duty to protect property from further loss.
40-3-20 Fire and casualty insurance; arbitration provisions; requirements. - Revoked
40-3-21 Fire and casualty insurance; medical payments coverage; interpretation.
40-3-22 Marine, inland marine or transportation insurance.
40-3-23 Fire and casualty insurance except accident and health; binder forms required to be filed.
40-3-24 Fire and casualty insurance; inland marine rules, rates and rating plans; general custom of business defined.
40-3-25 Same; writing of risks rated differently from normal market; requirements.
40-3-26 Modification of rate filing requirements for individual risks.
40-3-28 Fire and casualty insurance; automobile liability policies; limits of liability.
40-3-30 Fire and casualty insurance; assigned risk plans; forms and procedures.
40-3-31 Fire and casualty insurance; automobile liability policies; notices of cancellation or nonrenewal; requirements.
40-3-32 Fire and casualty insurance; modification of form filing requirements.
40-3-33 Revoked.
40-3-34 Fire and casualty insurance; issuance, withholding, extension or renewal of automobile insurance policies; compliance by affiliated insurers of the same group. - Revoked
40-3-35 Fire and casualty insurance; Kansas automobile injury reparations act; Kansas automobile assigned claims plan; requirements; review of plan; approval; disapproval; procedure; amendments.
40-3-36 Same; Kansas automobile injury reparations act; motor vehicle liability insurance policy defined.
40-3-37 Fire and casualty insurance; cancellation of automobile liability insurance policies; premium finance plan defined.
40-3-38 Mortgage guaranty insurance; unearned premium reserves.
40-3-39 Fire and casualty insurance; crediting against future personal injury protection benefits; terms defined.
40-3-40 Fire and casualty insurance; unfair rate discrimination; certain acts and practices included.
40-3-41 Fire and casualty insurance; automobile business defined; application of automobile business liability insurance.
40-3-42 Title insurance; unfair inducements; prohibited acts.
40-3-43 Title insurance; controlled business; definitions; requirements.
40-3-44 Automobile insurance; underwriting information; restrictions.
40-3-45 Fire and casualty insurance; rate filings; investment income; requirements.
40-3-46 Fire and casualty insurance; rating organizations; prospective loss costs; requirements; definitions. - Revoked
40-3-47 Fire and casualty insurance; rating organizations; filing of final rates prohibited; kinds of insurance affected.
40-3-48 Insurance companies; managing general agents; definitions; requirements.
40-3-49 Fire and casualty insurance; modification of rate filing requirements; rates which cannot be practicably filed before use.
40-3-50 Fire and casualty insurance; rating organizations; availability of rating information for individual insureds; charges, fees, conditions prohibited. - Revoked
40-3-52 Fire and casualty insurance; title insurers; controlled business arrangements.
40-3-53 Fire and casualty insurance; electronic verification of insurance.
40-3-56 Controlled insurance programs.
40-3-57 Controlled insurance programs including general liability.
40-3-58 Controlled insurance programs including workers compensation liabilities.
40-3-59 Workers compensation policies.
40-3-60 Workers compensation; affidavit of exempt status.

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Article 4. Accident and Health Insurance


40-4-1 Accident and health insurance; individual policies; rate filings; requirements.
40-4-2 Accident and health insurance policies; franchise plan; requirements.
40-4-3 Accident and health insurance policies; renewal and cancellation conditions; description required; cross-reference of renewal and cancellation provisions.
40-4-4 Accident and health insurance policies; limitation on the use of the terms "non-cancellable", "non-cancellable and guaranteed renewable" and "guaranteed renewable."
40-4-12 Accident and health policies; application as part of the policy; notice required.
40-4-13 Accident and health insurance; applications; "catchall' questions.
40-4-17 Accident and health insurance companies; record of loss experience required; form adopted by the national association of insurance commissioners; filing date.
40-4-18 Accident and health insurance companies; releases; requirements.
40-4-21 Accident and health insurance; reserve standards for individual policies.
40-4-22 Accident and health insurance policies; right to return policy.
40-4-23 Accident and sickness insurance; deceptive practices; requirements; prohibitions.
40-4-25 Accident and sickness insurance standards for benefits; purpose.
40-4-26 Same; basic hospital expense coverage.
40-4-27 Same; basic medical-surgical expense coverage.
40-4-28 Same; hospital confinement indemnity coverage.
40-4-29 Same; major medical expense coverage.
40-4-29a Same; renewability of individual hospital, medical, or surgical expense policy.
40-4-30 Same; disability income protection coverage.
40-4-31 Same; standards for benefits; accident only coverage.
40-4-32 Same; standards for benefits; specified disease coverage.
40-4-33 Same; standards for benefits;specified accident coverage.
40-4-34 Accident and health insurance; coordination of benefits; guidelines.
40-4-35 Medicare supplement policies; minimum standards; requirements.
40-4-35a Medicare supplement policies; medicare catastrophic coverage repeal act of 1989; transitional requirements.
40-4-36 Accident and sickness insurance; conversion policies; reasonable notice of right to convert.
40-4-37 Long-term care insurance; application; definitions.
40-4-37a Long-term care insurance; renewal provisions; requirements.
40-4-37b Long-term care insurance; marketing practices; prohibitions; limitations.
40-4-37c Long-term care insurance; termination; recurrent confinements; continuation of benefits.
40-4-37d Long-term care insurance; benefits; medical condition; activities of daily living; definitions; requirements.
40-4-37e Long-term care insurance; prohibited policy provisions.
40-4-37f Long-term care insurance; notices; limited policy; right to return requirements.
40-4 37g Long-term care insurance; benefit standards; definitions; explanations.
40-4-37h Long-term care insurance; preexisting conditions; requirements; prohibitions.
40-4-37i Long-term care insurance; replacement; notice; waiver of waiting periods.
40-4-37j Long-term care insurance; outline of coverage; content; format.
40-4-37k Long-term care insurance; minimum loss ratios.
40-4-37l Long-term care insurance; applications.
40-4-37m Long-term care insurance; rescissions; annual report required.
40-4-37n Long-term care insurance; home health or community care services.
40-4-37o Long-term care insurance; inflation protection; increased benefits; offer required.
40-4-37p Long-term care insurance; advertisements; marketing.
40-4-37q Initial filing requirements.
40-4-37r Long-term care insurance; non-duplication provisions.
40-4-37s Long-term care insurance; required disclosure of rating practices to consumers.
40-4-37t Premium rate schedule increases.
40-4-37u Contingent-benefit-upon-lapse requirement.
40-4-37v Long-term care; agent training.
40-4-38 Accident and health insurance policies; limited benefits; notice required.
40-4-39 Accident and sickness insurance; specified disease policies; replacement; credit for waiting periods and other time sensitive limitations.
40-4-40 Accident and sickness insurance; claim forms; acceptance required.
40-4-41 Utilization review organizations; standards.
40-4-41a Utilization review organizations; responsibility for requesting certification. - Revoked
40-4-41b Utilization review organizations; requirements for collecting information. - Revoked
40-4-41c Utilization review organizations; written procedures. - Revoked
40-4-41d Utilization review organizations; appeal procedures. - Revoked
40-4-41e Utilization review organizations; staff requirements. - Revoked
40-4-41f Utilization review organizations; review requirements. - Revoked
40-4-41g Utilization review organizations; access to review staff. - Revoked
40-4-41h Utilization review organizations; subcontracting and delegation. - Revoked
40-4-41i Utilization review organizations; program qualifications. - Revoked
40-4-41j Utilization review organizations; written procedures to maintain confidentiality. - Revoked
40-4-42 Definitions; external review.
40-4-42a Notice requirements of adverse decisions.
40-4-42b Preliminary determination by commissioner.
40-4-42c Standard external review procedures.
40-4-42d Expedited external review.
40-4-42e Minimum qualifications for external review organizations.
40-4-42f External review reporting requirements.
40-4-42g Exhaustion of internal review process.
40-4-43 Hospital, medical, and surgical expense insurance policies and certificates; prohibiting certain types of discrimination.

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Article 5. Credit Insurance


40-5-6 Credit insurance; property and liability; insurance sold in connection with the uniform consumer credit code; types.
40-5-7 Revoked.
40-5-8 Same; vendors single interest.
40-5-9 Credit insurance; fire, casualty and allied lines; mortgagors and mortgagees; conditional sales vendors; and vendors; requirements.
40-5-10 Credit insurance; fire and extended coverage; issuance for single indivisible premium; requirements.
40-5-12 Consumer credit insurance; termination of coverage; prohibited contractual provisions.
40-5-102 Consumer credit insurance; definitions.
40-5-103 Same; rights and treatment of consumers.
40-5-104 Same; coverage without separate charge.
40-5-105 Same; filing requirements.
40-5-107 Same; credit insurance rates and forms.
40-5-108 Same; refunds.
40-5-109 Same; experience reports.
40-5-110 Same; supervision of credit insurance operations.

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Article 7. Agents


4-7-1 solicitation of insurance; agent's license and certification; clerical employees; officers and directors excepted. - Revoked
40-7-5 Agents; signatures; powers of attorney; rubber stamped facsimiles; mechanical devices.
40-7-7 Agents; procedure for obtaining company certification.
40-7-7a Revoked
40-7-9 Agents; change in the information contained on the most recent application for a license.
40-7-11 Agents; cancellation of licenses or certification; procedure.
40-7-13 Agents; scope, subclassification; type and conduct of examinations; reexamination.
40-7-19 Agents; individual records; fees.
40-7-20a Agents; brokers; continuing education; approval of courses; requirements.
40-7-21 Agents; examination fee; amount.
40-7-22 Agents; appointment by company; classes of business.
40-7-23 Agents; license; identification.
40-7-24 Agencies; agents; employees.
40-7-25 Agencies; termination of contract; certification.
40-7-26 Public adjuster; examiniations.
40-7-27 Public adjuster; reporting requirements.

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Article 8. Excess Coverage


40-8-2 Excess line insurance; refusal of admitted carriers; rate differentials; artificial divisions of coverage; portions of risk unacceptable.
40-8-7 Excess lines insurance; agents; submission of affidavit required.
40-8-8 Excess line insurance contracts; signature of agent; required endorsement.
40-8-10 Agents; placing risks with employer prohibited.
40-8-11 Excess line agents; records required.

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Article 9. Advertising


40-9-1 Insurance companies; advertising; assets and liabilities; capital; advertisement defined.
40-9-23 Insurance companies; advertising; senior-specific certifications and professional designations.
40-9-100 Accident and sickness insurance; advertising.
40-9-118 Life insurance and annuities; advertising.
40-9-126 Advertising of medicare supplement insurance.

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Article 10. Firefighter's Relief


40-10-1 Firefighter's relief fund tax; fire marshal tax; companies subject to; amount of premium taxed.
40-10-2 Firefighter's relief association; requirements for participation; procedure.
40-10-5 Firefighter's relief associations; purchase of insurance; on duty coverage.
40-10-6 Firefighter's relief associations; purchase of insurance; 24 hour coverage.
40-10-10 Firefighter's relief associations; permissible disbursements.
40-10-14 Same; purchase of bonds; requirements.
40-10-15 Firefighter's relief act; application of statutory formula.
40-10-16 Firefighter's relief act; fund allocation.

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Article 11. Proxies, Consents, Authorizations


40-11-12 Domestic stock insurance companies; proxies, consents and authorizations; application of regulation.

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Article 12. Sale of Stock


40-12-4 Stock insurance companies; sale of stock; permits; amount paid-in; requirements.
40-12-6 Stock insurance companies; sale of stock; permits; holding companies.
40-12-7 Stock insurance companies; sale of stock; permits; organizers and promoters; requirements.
40-12-8 Stock insurance companies; sale of stock; permits; organizers and promoters; holding companies; requirements.
40-12-9 Impounding of stock sale proceeds; when requires; impound agent; certificates of no lien.
40-12-10 Promotional stock.
40-12-11 Sales to promoters.
40-12-12 Options to promoters, officers or employees.
40-12-13 Officers, directors, and employee stock purchase plans.
40-12-14 Purchasing of shares through options.
40-12-15 Pro rata exercising of options.
40-12-16 Agent's production stock option plans.
40-12-17 Limitation of options.
40-12-18 Options to attorney-at-law, actuaries, and underwriters.
40-12-19 Directors' resolution as to fairness of price; commissioner's approval.

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Article 13. Insider Stock Trading


40-13-1 Definition of certain terms.
40-13-3 Reporting of securities.
40-13-5 Ownership of more than 10 percent of an equity security.
40-13-6 Disclaimer of beneficial ownership.
40-13-7 Exemptions from K.S.A. 40-264 and 40-265.
40-13-9 Certain transactions subject to K.S.A. 40-264 of the code.
40-13-10 Ownership of securities held in trust.
40-13-11 Exemption for small transactions.
40-13-12 Exemption from K.S.A. 40-265 of transactions which will not be reported under K.S.A. 40-264.
40-13-13 Exemption from K.S.A. 40-256 of certain transactions effected in connection with a distribution.
40-13-15 Exemption from K.S.A. 40-265 of certain transactions in which securities are received by redeeming other securities.
40-13-16 Exemption of long-term profits incident to sales within six months of the exercise of an option.
40-13-17 Exemption from K.S.A. 40-265 of certain acquisitions and dispositions of securities pursuant to merger or consolidations.
40-13-20 Certain securities transactions not violative of K.S.A. 40-266.
40-13-23 Arbitrage transactions under K.S.A. 40-268.
40-13-24 Exemption from K.S.A. 40-265 of certain transactions; conversion of equity securities.
40-13-26 Exemption from K.S.A. 40-265 of certain transactions involving the sale of subscription rights.

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Article 14. Insurance Premium Finance Companies


40-14-1 Insurance premium finance companies; changes in officers; management.
40-14-3 Insurance premium finance companies; annual reports.
40-14-4 Same; printing of forms.
40-14-5 Same; duplicate to borrower.
40-14-6 Same; notice of assignment; payments.
40-14-7 Same; service charges.
40-14-9 Same; disclosure of annual percentage rate.
40-14-10 Same; rates; filing.

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Article 15. Variable Annuities or Separate Accounts


40-15-1 Variable annuity or separate accounts; definition.
40-15-2 Same; qualification of insurance companies.
40-15-3 Same; conditions.
40-15-4 Same; filing of contracts.
40-15-5 Same; variable benefits requirements.
40-15-6 Same; required reports.
40-15-7 Same; agents; qualification.
40-15-8 Variable annuity or separate accounts; agents; procedure for obtaining licenses.

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Article 15a. Variable Life Insurance


40-15a-1 Variable life insurance; definitions; qualifications; requirements; reports.

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Article 15b. Universal Life Insurance


40-15b-1 Universal life insurance; definitions; qualifications; requirements; reports.

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Article 16. Professional Employer Organizations


40-16-1 Professional employer organizations; definitions;
40-16-2 Professional employer organizations; fees.