Terms Used In Kansas Statutes > Chapter 3 > Article 4 - National Defense Operations Depots

• Accredited state: means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the national association of insurance commissioners. See Kansas Statutes 40-37a02
• Act: means the pharmacy benefits manager licensure act. See Kansas Statutes 40-3822
• affiliated: means an entity or person who, directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a specified entity or person. See Kansas Statutes 40-3801
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means any healthcare provider. See Kansas Statutes 40-3401
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Authorized real estate security: means an amortized note, bond or other evidence of indebtedness, not exceeding 105% of the fair market value of the real estate, secured by a mortgage, deed of trust, or other instrument which constitutes, or is equivalent to, a first lien or charge on real estate, when: (1) The real estate loan secured in such manner is one of a type which a bank, savings and loan association, or an insurance company, which is supervised and regulated by a department of this state or an agency of the federal government, is authorized to make, or would be authorized to make, disregarding any requirement applicable to such an institution that the amount of the loan not exceed a certain percentage of the value of the real estate;

  (2) the improvement on such real estate is a building or buildings designed for occupancy as specified by paragraphs (1) or (2) of subsection (b); and

  (3) the lien on such real estate may be subject to and subordinate to the following:

  (i) The lien of any public bond, assessment or tax, when no installment, call or payment of or under such bond, assessment or tax is delinquent; and

  (ii) outstanding mineral, oil, water or timber rights, rights-of-way, easements or rights-of-way of support, sewer rights, building restrictions or other restrictions or covenants, conditions or regulations of use, or outstanding leases upon such real property under which rents or profits are reserved to the owner thereof. See Kansas Statutes 40-3502

• Basic coverage: means a policy of professional liability insurance required to be maintained by each healthcare provider pursuant to the provisions of Kan. See Kansas Statutes 40-3401
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the board of governors created by Kan. See Kansas Statutes 40-3401
• Board of directors: means the governing board created by Kan. See Kansas Statutes 40-3401
• Business entity: means a corporation, association, partnership, limited liability company or other legal entity. See Kansas Statutes 40-3801
• Chambers: A judge's office.
• Charitable healthcare provider: means the same as defined in Kan. See Kansas Statutes 40-3401
• Collateral: means funds, letters of credit or any item with economic value owned by the payor but held by an insurer or TPA in case it needs to be used to fulfill premium or loss reimbursement obligations in accordance with a contract between the insurer or TPA and the payor. See Kansas Statutes 40-3801
• Commissioner: means the commissioner of insurance. See Kansas Statutes 40-3401
• Commissioner: means the commissioner of insurance of the state of Kansas. See Kansas Statutes 40-3801
• Commissioner: means the commissioner of insurance. See Kansas Statutes 40-4002
• Commissioner: means the insurance commissioner of this state or the commissioner, director or superintendent of insurance in any other state. See Kansas Statutes 40-4101
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservator: means an individual or corporation appointed by the court to act on behalf of a conservatee and possessed of some or all of the powers and duties set out in Kan. See Kansas Statutes 77-201
• Contingency reserve: means an additional premium reserve established to protect policyholders against the effect of adverse economic cycles. See Kansas Statutes 40-3502
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• controlled: has the meaning ascribed in subsection (c) of Kan. See Kansas Statutes 40-37a02
• Controlled insurer: means a licensed insurer which is controlled, directly or indirectly by a producer. See Kansas Statutes 40-37a02
• Controlling producer: means a producer who, directly or indirectly, controls an insurer. See Kansas Statutes 40-37a02
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Covered entity: means :

  (A) A nonprofit hospital or medical service corporation, health insurer, health benefit plan or health maintenance organization;

  (B) a health program administered by a department or the state in the capacity of provider of health coverage; or

  (C) an employer, labor union or other group of persons organized in the state that provides health coverage to covered individuals who are employed or reside in the state. See Kansas Statutes 40-3822

• Covered person: means a member, policyholder, subscriber, enrollee, beneficiary, dependent or other individual participating in a health benefit plan. See Kansas Statutes 40-3822
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deed: is a pplied to an instrument conveying lands but does not imply a sealed instrument. See Kansas Statutes 77-201
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the insurance department. See Kansas Statutes 40-3822
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• ERISA: means the federal employee retirement income security act of 1974. See Kansas Statutes 40-3822
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fiscal year: means the year commencing on the effective date of this act and each year, commencing on the first day of July thereafter. See Kansas Statutes 40-3401
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the healthcare stabilization fund established pursuant to Kan. See Kansas Statutes 40-3401
• GAAP: means United States generally accepted accounting principles consistently applied. See Kansas Statutes 40-3801
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Hazardous financial condition: means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to: (1) Meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or (2) pay other obligations in the normal course of business. See Kansas Statutes 40-4101
• Health benefit plan: means the same as defined in Kan. See Kansas Statutes 40-3822
• Healthcare facility: means a nursing facility, an assisted living facility or a residential healthcare facility as all such terms are defined in Kan. See Kansas Statutes 40-3401
• Healthcare provider: means a person licensed to practice any branch of the healing arts by the state board of healing arts, a person who holds a temporary permit to practice any branch of the healing arts issued by the state board of healing arts, a person engaged in a postgraduate training program approved by the state board of healing arts, a medical care facility licensed by the state of Kansas, a podiatrist licensed by the state board of healing arts, a health maintenance organization issued a certificate of authority by the commissioner, an optometrist licensed by the board of examiners in optometry, a pharmacist licensed by the state board of pharmacy, a licensed professional nurse who is authorized to practice as a registered nurse anesthetist, a licensed professional nurse who has been granted a temporary authorization to practice nurse anesthesia under Kan. See Kansas Statutes 40-3401
• Home state: means the United States jurisdiction that has adopted this act or a substantially similar law governing TPAs and that has granted the TPA a home state TPA license. See Kansas Statutes 40-3801
• Inactive healthcare provider: means a person or other entity who purchased basic coverage or qualified as a self-insurer on or subsequent to the effective date of this act but who, at the time a claim is made for personal injury or death arising out of the rendering of or the failure to render professional services by such healthcare provider, does not have basic coverage or self-insurance in effect solely because such person is no longer engaged in rendering professional service as a healthcare provider. See Kansas Statutes 40-3401
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insurance: means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this state. See Kansas Statutes 40-4101
• Insurance producer: means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance, and also includes a business entity whose primary activities are the sales, solicitation and negotiation of insurance. See Kansas Statutes 40-3801
• Insurer: means any corporation, association, reciprocal exchange, inter-insurer and any other legal entity authorized to write bodily injury or property damage liability insurance in this state, including workers compensation and automobile liability insurance, pursuant to the provisions of the acts contained in article 9, 11, 12 or 16 ofchapter 40 of the Kansas Statutes Annotated, and amendments thereto. See Kansas Statutes 40-3401
• insurer: means any person, firm, association or corporation duly licensed to transact a property or casualty insurance business in this state. See Kansas Statutes 40-37a02
• insurer: means a licensed insurance company, hospital or professional service corporation or a managed care organization. See Kansas Statutes 40-3801
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Liability: means legal liability for damages (including costs of defense, legal costs and fees, and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of: (1) Any business (whether profit or nonprofit), trade, product, services (including professional services), premises or operations; or (2) any activity of any state or local government, or any agency or political subdivision thereof; and (3) does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the federal employers' liability act. See Kansas Statutes 40-4101
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Locum tenens contract: means a temporary agreement not exceeding 182 days per calendar year that employs a healthcare provider to actively render professional services in this state. See Kansas Statutes 40-3401
• MAC: means any term or methodology that a pharmacy benefits manager or a healthcare insurer may use to establish the maximum amount that a pharmacy benefits manager will reimburse a pharmacy or a pharmacist for generic drugs. See Kansas Statutes 40-3822
• Medical care facility: means the same when used in the healthcare provider insurance availability act as defined in Kan. See Kansas Statutes 40-3401
• Mental health center: means a mental health center licensed by the state of Kansas under Kan. See Kansas Statutes 40-3401
• Mental health clinic: means a mental health clinic licensed by the state of Kansas under Kan. See Kansas Statutes 40-3401
• Minority leader: See Floor Leaders
• Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage guaranty insurance: means and includes: (1) Insurance against financial loss by reason of nonpayment of principal, interest or other sums agreed to be paid under the terms of any note or bond or other evidence of indebtedness secured by a mortgage, deed of trust, or other instrument constituting a lien or charge on real estate, when the improvement on such real estate is a residential building or a condominium or townhouse unit or buildings designed for occupancy by not more than four families;

  (2) insurance against financial loss by reason of nonpayment of principal, interest or other sums agreed to be paid under the terms of any note or bond or other evidence of indebtedness secured by a mortgage, deed of trust or other instrument constituting a lien or charge on real estate, when the improvement on such real estate is a building or buildings designed for occupancy by five or more families or designed to be occupied for industrial or commercial purposes; or

  (3) insurance against financial loss by reason of nonpayment of rent or other sums agreed to be paid under the terms of a written lease for the possession, use or occupancy of real estate, when the improvement on such real estate is a building or buildings designed to be occupied for industrial or commercial purposes. See Kansas Statutes 40-3502

• Mortgage guaranty insurance company: means any corporation, company, association, reciprocal exchange, persons or partnerships writing contracts of mortgage guaranty insurance and shall be governed by the provisions of this act and the other provisions ofchapter 40 of the Kansas Statutes Annotated applicable to companies organized or operating under the provisions of Kan. See Kansas Statutes 40-3502
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• NAIC: means the national association of insurance commissioners. See Kansas Statutes 40-3801
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• parent company: means any company which on or after the effective date of the conversion owns, directly or indirectly, 51% or more of the capital stock of the new stock insurer;

  (B) a description of any amendments to the insurer's articles of incorporation;

  (C) provisions establishing the method by which the initial board of directors of the stock insurer will be selected; and

  (D) any other additional information as the commissioner of insurance may reasonably request. See Kansas Statutes 40-4003a

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payor: means an insurer or an employer administering its employee benefit plan or the employee benefit plan of an affiliated employer under common management or control. See Kansas Statutes 40-3801
• Person: means an individual or a business entity. See Kansas Statutes 40-3801
• Person engaged in residency training: means :

  (1) A person engaged in a postgraduate training program approved by the state board of healing arts who is employed by and is studying at the university of Kansas medical center only when such person is engaged in medical activities that do not include extracurricular, extra-institutional medical service for which such person receives extra compensation and that have not been approved by the dean of the school of medicine and the executive vice-chancellor of the university of Kansas medical center. See Kansas Statutes 40-3401

• Personal risk liability: means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in subsection (f). See Kansas Statutes 40-4101
• Pharmacy benefits management: means :

  (1) Any of the following services provided with regard to the administration of the following pharmacy benefits:

  (A) Mail service pharmacy;

  (B) claims processing, retail network management and payment of claims to pharmacies for prescription drugs dispensed to covered individuals;

  (C) clinical formulary development and management services;

  (D) rebate contracting and administration;

  (E) certain patient compliance, therapeutic intervention and generic substitution programs; or

  (F) disease management programs involving prescription drug utilization; and

  (2) (A) the procurement of prescription drugs by a prescription benefits manager at a negotiated rate for dispensation to covered individuals within this state; or

  (B) the administration or management of prescription drug benefits provided by a covered insurance entity for the benefit of covered individuals. See Kansas Statutes 40-3822

• Pharmacy benefits manager: includes any person or entity acting in a contractual or employment relationship for a pharmacy benefits manager in the performance of pharmacy benefits management for a covered entity. See Kansas Statutes 40-3822
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the operating and administrative rules and procedures developed by insurers and rating organizations or the commissioner to make professional liability insurance available to healthcare providers. See Kansas Statutes 40-3401
• Plan of operation or a feasibility study: means an analysis which presents the expected activities and results of a risk retention group including, at a minimum: (1) The coverages, deductibles, coverage limits, rates and rating classification systems for each line of insurance the group intends to offer;

  (2) historical and expected loss experience of the proposed members and national experience of similar exposures;

  (3) pro forma financial statements and projections;

  (4) appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition;

  (5) identification of management, underwriting procedures, managerial oversight methods, investment policies; and

  (6) such other matters as may be prescribed by the commissioner for liability insurance companies authorized by the insurance laws of the state. See Kansas Statutes 40-4101

• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Policyholder: means a policyholder of the mutual insurer on the day the plan of conversion is initially approved by the board of directors of the mutual insurer; except that, with respect to a mutual insurance company authorized to transact the business of insurance in the state of Kansas under the authority granted in article 10 or article 12 of chapter 40 of the Kansas Statutes Annotated, "policyholder" means a policyholder of the mutual insurer on the day the plan of conversion is initially approved by the board of directors of the mutual insurer, whose policy or policies have been in effect for not less than two out of three years immediately prior to the date the board of directors approved the plan, or whose policy or policies have been in effect for at least 90 days during the 365 days immediately preceding the date the board of directors approved the plan if the insured is a crop hail insurance policyholder. See Kansas Statutes 40-4002
• Producer: has the meaning ascribed to it in Kan. See Kansas Statutes 40-37a02
• Product liability: means liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage (including damages resulting from the loss of use of property) arising out of the manufacture, design, importation, distribution, packaging, labeling, lease or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of such a person when the incident giving rise to the claim occurred. See Kansas Statutes 40-4101
• Professional liability insurance: means insurance providing coverage for legal liability arising out of the performance of professional services rendered or that should have been rendered by a healthcare provider. See Kansas Statutes 40-3401
• Professional services: means patient care or other services authorized under the act governing licensure of a healthcare provider. See Kansas Statutes 40-3401
• Property: includes personal and real property. See Kansas Statutes 77-201
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Purchasing group: means any group which:

  (1) Has as one of its purposes the purchase of liability insurance on a group basis;

  (2) purchases such insurance only for its group members and only to cover their similar or related liability exposure, as described in subparagraph (3);

  (3) is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and

  (4) is domiciled in any state. See Kansas Statutes 40-4101

• Rating organization: means a corporation, an unincorporated association, a partnership or an individual licensed pursuant to Kan. See Kansas Statutes 40-3401
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Risk retention group: means any corporation or other limited liability association formed under the laws of any state, Bermuda, or the Cayman Islands:

  (1) Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group's members;

  (2) which is organized for the primary purpose of conducting the activity described in subparagraph (1);

  (3) which is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or before January 1, 1985 was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before such date, had certified to the insurance commissioner of at least one state that it satisfied the capitalization requirements of such state, except that any such group shall be considered to be a risk retention group only if it has been engaged in business continuously since such date and only for the operations liability (as such terms were defined in the product liability risk retention act of 1981 before the date of the enactment of the risk retention act of 1986);

  (4) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person;

  (5) which has as its members only persons who have an ownership interest in the group and which has as its owners only persons who are members who are provided insurance by the risk retention group; or has as its sole member and sole owner an organization which is owned by persons who are provided insurance by the risk retention group;

  (6) whose members are engaged in businesses or activities similar or related with respect to the liability of which such members are exposed by virtue of any related, similar, or common business trade, product, services, premises, or operations;

  (7) whose activities do not include the provision of insurance other than liability insurance for assuming and spreading all or any portion of the liability of its group members; and reinsurance with respect to the liability of any other risk retention group (or any members of such other group) which is engaged in businesses or activities so that such group or member meets the requirement described in subparagraph (6) from membership in the risk retention group which provides such reinsurance; and

  (8) the name of which includes the phrase "risk retention group". See Kansas Statutes 40-4101

• seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
• Self-insurer: means a healthcare provider who qualifies as a self-insurer pursuant to Kan. See Kansas Statutes 40-3401
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Single risk: means the insurance provided with respect to each separate loan or lease covered by an individual policy of mortgage guaranty insurance or an individual certificate issued pursuant to Kan. See Kansas Statutes 40-3502
• State: means any state of the United States and the District of Columbia. See Kansas Statutes 40-4101
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• State institution for people with intellectual disability: means Winfield state hospital and training center, Parsons state hospital and training center and the Kansas neurological institute. See Kansas Statutes 40-3401
• State psychiatric hospital: means Larned state hospital, Osawatomie state hospital and Rainbow mental health facility. See Kansas Statutes 40-3401
• Statute: A law passed by a legislature.
• Stop-loss insurance: means insurance protecting an employer or other person responsible for an otherwise self-insured health or life benefit plan against obligations under the plan, but "stop-loss insurance" does not include reinsurance written for an insurance company. See Kansas Statutes 40-3801
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• TPA: means any person who directly or indirectly underwrites, collects charges or premiums from, or who adjusts or settles claims on, residents of this state in connection with life, annuity or health insurance coverage offered or provided by a payor, except any of the following:

  (1) An employer, or a wholly owned direct or indirect subsidiary of an employer, on behalf of its employees or the employees of one or more subsidiaries or affiliated corporations of such employer. See Kansas Statutes 40-3801

• Trustee: A person or institution holding and administering property in trust.
• under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Kansas Statutes 40-3801
• Undertaking: means a promise or security in any form where required by law. See Kansas Statutes 77-201
• underwriting: means , but is not limited to, the acceptance of employer or individual applications for coverage of individuals in accordance with the written rules of the insurer or self-funded plan, or the overall planning and coordinating of a benefits program. See Kansas Statutes 40-3801
• Uniform application: means the current version of the NAIC uniform application for third party administrators. See Kansas Statutes 40-3801
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.