Kansas Statutes 40-3112. Rehabilitation procedures or treatment and rehabilitative occupational training or retraining
Terms Used In Kansas Statutes 40-3112
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Injured person: means any person suffering injury. See Kansas Statutes 40-3103
- Injury: means bodily harm, sickness, disease or death resulting from an accident arising out of the ownership, maintenance or use of a motor vehicle. See Kansas Statutes 40-3103
- Insurer: means any insurance company, as defined by Kan. See Kansas Statutes 40-3103
- Person: means an individual, partnership, corporation or other association of persons. See Kansas Statutes 40-3103
- Rehabilitation benefits: means allowances for all reasonable expenses, up to a limit of not less than $4,500, for necessary psychiatric or psychological services, occupational therapy and such occupational training and retraining as may be reasonably necessary to enable the injured person to obtain suitable employment. See Kansas Statutes 40-3103
- Self-insurer: means any person effecting self-insurance pursuant to subsection (f) of Kan. See Kansas Statutes 40-3103
Whenever an injured person claims entitlement to rehabilitation benefits, the insurer or self-insurer responsible for paying personal injury protection benefits to such injured person shall be responsible for rehabilitation procedures or treatment and rehabilitative occupational training or retraining for the injured person in accordance with the following standards:
(a) A procedure or treatment, whether or not involving surgery, shall be recognized and medically accepted;
(b) A course of occupational training or retraining shall be a recognized form of training and be reasonable and appropriate for the particular case;
(c) A procedure, treatment or training shall contribute substantially to rehabilitation; and
(d) The cost of a procedure, treatment or training shall be reasonable in relation to its probable rehabilitation effects.