Kansas Statutes Annotated

K.S.A. § 40-4602 (2026)

Patient protection act definitions

✓ current as of May 2026
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40-4602. Patient protection act definitions. As used in this act:

(a) "Emergency medical condition" means the sudden and, at the time, unexpected onset of a health condition that requires immediate medical attention, where failure to provide medical attention would result in serious impairment to bodily functions or serious dysfunction of a bodily organ or part, or would place the person's health in serious jeopardy.

(b) "Emergency services" means ambulance services and healthcare items and services furnished or required to evaluate and treat an emergency medical condition, as directed or ordered by a physician.

(c) "Health benefit plan" means any hospital or medical expense policy, health, hospital or medical service corporation contract, a plan provided by a municipal group-funded pool, a policy or agreement entered into by a health insurer or a health maintenance organization contract offered by an employer or any certificate issued under any such policies, contracts or plans. "Health benefit plan" does not include policies or certificates covering only accident, credit, dental, disability income, long-term care, hospital indemnity, medicare supplement, specified disease, vision care, coverage issued as a supplement to liability insurance, insurance arising out of a workers compensation or similar law, automobile medical-payment insurance, a self-funded health plan established or maintained for its employees by the state or a subdivision of the state, a school district, any public authority or by a county or city government or any political subdivision, agency or instrumentality thereof, a self-funded health plan established or maintained for its employees by a church or by a convention or association of churches that is exempt from tax under section 501 of the internal revenue code or insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.

(d) "Health insurer" means any insurance company, nonprofit medical and hospital service corporation, municipal group-funded pool, fraternal benefit society, health maintenance organization, or any other entity that offers a health benefit plan subject to the Kansas Statutes Annotated.

(e) "Insured" means a person who is covered by a health benefit plan.

(f) "Participating provider" means a provider who, under a contract with the health insurer or with its contractor or subcontractor, has agreed to provide one or more healthcare services to insureds with an expectation of receiving payment, other than coinsurance, copayments or deductibles, directly or indirectly from the health insurer.

(g) "Provider" means a physician, hospital or other person that is licensed, accredited or certified to perform specified healthcare services.

(h) "Provider network" means those participating providers who have entered into a contract or agreement with a health insurer to provide items or healthcare services to individuals covered by a health benefit plan offered by such health insurer.

(i) "Physician" means a person licensed by the state board of healing arts to practice medicine and surgery.

History: L. 1997, ch. 190, § 17; L. 2025, ch. 99, § 29; July 1.

CASE ANNOTATIONS

1. Self-insured school districts are considered health insurers and are not exempt from regulation under the state insurance code. Towne v. Unified School District No. 259, 318 Kan. 1, 9, 540 P.3d 1014 (2024).


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Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2014–2024 · leading case: Towne v. Unified Sch. Dist. No. 259 (Kan. Ct. App. 2022).
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Towne v. Unified Sch. Dist. No. 259 (Kan. Ct. App. 2022). · cites it 22× “40-4602, from "issu[ing] any contract or certificate of insurance in Kansas containing a subrogation clause, or any other policy provision having a purpose or effect similar to that of a subrogation clause, applicable to coverages providing for reimbursement of medical,…”
Towne v. U.S.D. 259 (Kan. 2024). · cites it 11× “40-1-20 provides: "No insurance company or health insurer, as defined in K.S.A. 40-4602 and amendments thereto, may issue any contract or certificate of insurance in Kansas containing a subrogation clause .”
Helfrich v. Blue Cross & Blue Shield Ass'n, 36 F. Supp. 3d 1056 (D. Kan. 2014). “This policy is codified in the Kansas Administrative Regulations as follows: No insurance company or health insurer, as defined in K.S.A. 40-4602 and amendments thereto, may issue any contract or certificate of insurance in Kansas containing a subrogation clause, or any other…”
— K.S.A. § 40-4602(c) — 2 cases
Towne v. U.S.D. 259 (Kan. 2024). “40-1-20 provides: "No insurance company or health insurer, as defined in K.S.A. 40-4602 and amendments thereto, may issue any contract or certificate of insurance in Kansas containing a subrogation clause .”
Towne v. Unified Sch. Dist. No. 259 (Kan. Ct. App. 2022). “40-4602, from "issu[ing] any contract or certificate of insurance in Kansas containing a subrogation clause, or any other policy provision having a purpose or effect similar to that of a subrogation clause, applicable to coverages providing for reimbursement of medical,…”
— K.S.A. § 40-4602(d) — 2 cases
Towne v. Unified Sch. Dist. No. 259 (Kan. Ct. App. 2022). “40-4602, from "issu[ing] any contract or certificate of insurance in Kansas containing a subrogation clause, or any other policy provision having a purpose or effect similar to that of a subrogation clause, applicable to coverages providing for reimbursement of medical,…”
Towne v. U.S.D. 259 (Kan. 2024). “40-1-20 provides: "No insurance company or health insurer, as defined in K.S.A. 40-4602 and amendments thereto, may issue any contract or certificate of insurance in Kansas containing a subrogation clause .”
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