Terms Used In Kansas Statutes > Chapter 3 > Article 3 - County Airports

• Account: means either of the three accounts created under Kan. See Kansas Statutes 40-3005
• Administering carrier: means the insurer or third-party administrator designated in Kan. See Kansas Statutes 40-2118
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agent: means an individual as defined in Kan. See Kansas Statutes 40-741
• agent: means an authorized person, other than a bona fide employee of the title insurer who, on behalf of the title insurer, performs the following acts, in conjunction with the issuance of a title insurance report or policy:

  (1) Determines insurability and issues title insurance reports or policies, or both, based upon the performance or review of a search, or an abstract of title;

  (2) collects or disburses premiums, escrow or security deposits or other funds;

  (3) handles escrow, settlements or closings;

  (4) solicits or negotiates title insurance business; or

  (5) records closing documents. See Kansas Statutes 40-1136

• 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.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• 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 :

  (1) In the case of an individual long-term care insurance policy, the person who seeks to contract for such benefits; and

  (2) in the case of a group long-term care insurance policy, the proposed certificateholder. See Kansas Statutes 40-2227

• 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
• Armed Forces Cooperative Insuring Association: means the association organized as an unincorporated cooperative association operating within the federal enclave of Ft. See Kansas Statutes 40-1615
• Armed Forces Insurance Corporation: means the attorney-in-fact for Armed Forces Insurance Exchange, incorporated under the laws of the state of Kansas. See Kansas Statutes 40-1615
• Armed Forces Insurance Exchange: means the unincorporated reciprocal exchange operating in Leavenworth, Kansas, under the laws of the state of Kansas. See Kansas Statutes 40-1615
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means the Kansas health insurance association established in Kan. See Kansas Statutes 40-2118
• Association: means the Kansas insurance guaranty association created by this act. See Kansas Statutes 40-2903
• association: means the Kansas life and health insurance guaranty association created under Kan. See Kansas Statutes 40-3005
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Attorney-in-fact: means the person designated and authorized by subscribers as having authority to obligate them on reciprocal insurance contracts. See Kansas Statutes 40-1623
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Balanced budget: A budget in which receipts equal outlays.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Basic health care services: means but is not limited to usual physician, hospitalization, laboratory, x-ray, emergency and preventive services and out-of-area coverage. See Kansas Statutes 40-3202
• 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}
• Benefit contract: means the agreement for provision of benefits authorized by subsection (a) of Kan. See Kansas Statutes 40-741
• Benefit member: means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract. See Kansas Statutes 40-741
• Block of business: means a particular individual policy form or contract providing hospital, medical or surgical expense, long-term care or medicare supplement coverage issued by a carrier to one or more individuals which includes distinct benefits, services and terms. See Kansas Statutes 40-2255
• Board: means the board of directors of the association. See Kansas Statutes 40-2118
• Capitated basis: means a fixed per member per month payment or percentage of premium payment wherein the provider assumes risk for the cost of contracted services without regard to the type, value or frequency of services provided. See Kansas Statutes 40-3202
• Carrier: means an insurance company, medical or hospital service corporation, medical and hospital service corporation or health maintenance organization which holds a valid certificate of authority from the insurance commissioner. See Kansas Statutes 40-2239
• Carrier: means a health maintenance organization, an insurer, a nonprofit hospital and medical service corporation, or other entity responsible for the payment of benefits or provision of services under a group contract. See Kansas Statutes 40-3202
• Certificate: means the document issued as written evidence of the benefit contract. See Kansas Statutes 40-741
• Certificate: means any certificate issued under a group long-term care insurance policy that has been delivered or issued for delivery in this state. See Kansas Statutes 40-2227
• Certificate of coverage: means a statement of the essential features and services of the health maintenance organization coverage which is given to the subscriber by the health maintenance organization, medicare provider organization or by the group contract holder. See Kansas Statutes 40-3202
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Church plan: means a plan as defined under section 3(33) of the employee retirement income security act of 1974. See Kansas Statutes 40-2118
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Closed block of business: means a block of business which a carrier ceases to actively offer or sell to new applicants. See Kansas Statutes 40-2255
• Commissioner: means the commissioner of insurance of this state. See Kansas Statutes 40-741
• Commissioner: means the commissioner of insurance of the state of Kansas. See Kansas Statutes 40-1136
• Commissioner: means the commissioner of insurance. See Kansas Statutes 40-1623
• Commissioner: means the commissioner of insurance. See Kansas Statutes 40-2118
• Commissioner: means the commissioner of insurance. See Kansas Statutes 40-2227
• Commissioner: means the commissioner of insurance of this state. See Kansas Statutes 40-2402
• Commissioner: means the commissioner of insurance of this state. See Kansas Statutes 40-2903
• commissioner: means the commissioner of insurance of this state;

  (d) "contractual obligation" means any obligation of a policy or contract or certificate under a group policy or contract, or portion thereof, for which coverage is provided under Kan. See Kansas Statutes 40-3005

• Commissioner: means the state commissioner of insurance. See Kansas Statutes 40-3103
• Commissioner: means the commissioner of insurance of the state of Kansas. See Kansas Statutes 40-3202
• commissioner: means the commissioner of insurance, the commissioner's deputies, or the insurance department, as appropriate. See Kansas Statutes 40-3302
• 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
• Consolidation: means the joining of two (2) or more companies in a manner so that a single new consolidated company results therefrom. See Kansas Statutes 40-508
• consolidation: means the joining of two (2) or more companies in any manner so that a single new consolidated company results therefrom. See Kansas Statutes 40-1216
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuing care contract: means an agreement pursuant to which a provider undertakes to furnish to a person, not related by consanguinity or affinity to the provider, shelter and medical or nursing services or other health-related benefits which require a present or deferred transfer of assets or an entrance fee in the amount of $5,000 or equivalent value or such greater amount as set by the commissioner in rules and regulations in addition to or in lieu of periodic charges. See Kansas Statutes 40-2231
• continuing care provider: means the person, corporation, partnership, association or other legal entity which agrees to provide continuing care to residents in a home. See Kansas Statutes 40-2231
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Copayment: means an amount an enrollee must pay in order to receive a specific service which is not fully prepaid. See Kansas Statutes 40-3202
• 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.
• Covered claim: means an unpaid claim, including one for unearned premiums, which arises out of and is within the coverage and not in excess of the applicable limits of an insurance policy to which this act applies issued by an insurer, if such insurer becomes an insolvent insurer after the effective date of this act and:

  (1) The claimant or insured is a resident of this state at the time of the insured event. See Kansas Statutes 40-2903

• covered policy: means any policy or contract within the scope of this act under Kan. See Kansas Statutes 40-3005
• Creditable coverage: means with respect to an individual, coverage of the individual under any of the following:

  (1) A group health plan;

  (2) health insurance coverage;

  (3) part A or part B of title XVIII of the social security act;

  (4) title XIX of the social security act, other than coverage consisting solely of benefit under section 1928;

  (5) chapter 55 of title 10, United States code;

  (6) a medical care program of the Indian health service or of a tribal organization;

  (7) a state health benefit risk pool;

  (8) a health plan offered under chapter 89 of title 5, United States code;

  (9) a public health plan as defined under regulations promulgated by the secretary of health and human services;

  (10) a health benefit plan under section 5(e) of the peace corps act (22 U. See Kansas Statutes 40-2118

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deductible: means an amount an enrollee is responsible to pay out-of-pocket before the health maintenance organization begins to pay the costs associated with treatment. See Kansas Statutes 40-3202
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Dependent: means a resident spouse or resident unmarried child under the age of 19 years, a child who is a student under the age of 23 years and who is financially dependent upon the parent, or a child of any age who is disabled and dependent upon the parent. See Kansas Statutes 40-2118
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Director: means the director of vehicles. See Kansas Statutes 40-3103
• Director: means the secretary of health and environment. See Kansas Statutes 40-3202
• Disability: means an injury or illness that results in a substantial physical or mental limitation in one or more major life activities such as working or independent activities of daily living that a person was able to do prior to the injury or illness. See Kansas Statutes 40-3202
• Disability benefits: means allowances for loss of monthly earnings due to an injured person's inability to engage in available and appropriate gainful activity, subject to the following conditions and limitations: (1) The injury sustained is the proximate cause of the injured person's inability to engage in available and appropriate gainful activity; (2) subject to the maximum benefits stated herein, allowances shall equal 100% of any such loss per individual, unless such allowances are deemed not includable in gross income for federal income tax purposes, in which event such allowances shall be limited to 85%; and (3) allowances shall be made up to a maximum of not less than $900 per month for not to exceed one year after the date the injured person becomes unable to engage in available and appropriate gainful activity. See Kansas Statutes 40-3103
• Disabled person: includes incapacitated persons and incompetent persons as defined herein. See Kansas Statutes 77-201
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• Domiciliary state: means :

  (1) The state in which an insurer is incorporated or organized; or

  (2) in the case of an alien insurer, the state of entry of such insurer. See Kansas Statutes 40-2903

• Donor: The person who makes a gift.
• Eligible employee: means an employee who is employed by the employer for an average of at least 30 hours per week and who elects to participate in one of the benefit plans provided under this act, and includes individuals who are sole proprietors, business partners and limited partners. See Kansas Statutes 40-2239
• 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}
• Enrollee: means a person who has entered into a contractual arrangement or on whose behalf a contractual arrangement has been entered into with a health maintenance organization or the medicare provider organization for health care services. See Kansas Statutes 40-3202
• Enterprise risk: means any activity, circumstance, event or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including, but not limited to, anything that would cause the insurer's risk-based capital to fall into company action level RBC, as such term is defined in either Kan. See Kansas Statutes 40-3302
• 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.
• Entrance fee: means the total of any initial or deferred transfer to, or for the benefit of, a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of a person as a resident pursuant to a continuing care contract. See Kansas Statutes 40-2231
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Escrow: means written instruments, money or other items deposited by one party with a depository, escrow agent or escrow for delivery to another party upon the performance of a specified condition or the happening of a certain event. See Kansas Statutes 40-1136
• 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.
• Family member: means an eligible employee's spouse and any unmarried dependent child or stepchild. See Kansas Statutes 40-2239
• 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}
• Federally defined eligible individual: means an individual:

  (1) For whom, as of the date the individual seeks coverage under this section, the aggregate of the periods of creditable coverage is 18 or more months and whose most recent prior coverage was under a group health plan, government plan or church plan;

  (2) who is not eligible for coverage under a group health plan, part A or B of title XVII of the social security act, or a state plan under title XIX of the social security act, or any successor program, and who does not have any other health insurance coverage;

  (3) with respect to whom the most recent coverage was not terminated for factors relating to nonpayment of premiums or fraud; and

  (4) who if offered the option of continuation coverage under COBRA or under a similar program, elected such continuation coverage, and has exhausted such continuation coverage. See Kansas Statutes 40-2118

• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• 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.
• FTAA: means federal trade adjustment assistance under the federal trade adjustment assistance reform act of 2002, public law 107-210. See Kansas Statutes 40-2118
• Funeral benefits: means allowances for funeral, burial or cremation expenses in an amount not to exceed $2,000 per individual. See Kansas Statutes 40-3103
• 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
• General election: refers to the election required to be held on the Tuesday following the first Monday in November of each even-numbered year. See Kansas Statutes 77-201
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grievance: means a written complaint submitted in accordance with the formal grievance procedure by or on behalf of the enrollee regarding any aspect of the health maintenance organization or the medicare provider organization relative to the enrollee. See Kansas Statutes 40-3202
• Group contract: means a contract for health care services which by its terms limits eligibility to members of a specified group. See Kansas Statutes 40-3202
• Group health plan: means an employee benefit plan as defined by section 3(1) of the employee retirement income security act of 1974 to the extent that the plan provides any hospital, surgical or medical expense benefits to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement or otherwise. See Kansas Statutes 40-2118
• Group long-term care insurance: means a long-term care insurance policy delivered or issued for delivery in this state and issued to a group as defined in Kan. See Kansas Statutes 40-2227
• Group-wide supervisor: means the regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined or acknowledged by the commissioner under Kan. See Kansas Statutes 40-3302
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Health benefit plan: means a contract for group medical, surgical, hospital or any other remedial care recognized by state law and related services and supplies. See Kansas Statutes 40-2239
• Health care provider: means any person licensed to practice any branch of the healing arts by the state board of healing arts or any hospital licensed under the provisions of Kan. See Kansas Statutes 40-12a01
• Health care services: means basic health care services and other services, medical equipment and supplies which may include, but are not limited to, medical, surgical and dental care; psychological, obstetrical, osteopathic, optometric, optic, podiatric, nursing, occupational therapy services, physical therapy services, chiropractic services and pharmaceutical services; health education, preventive medical, rehabilitative and home health services; inpatient and outpatient hospital services, extended care, nursing home care, convalescent institutional care, laboratory and ambulance services, appliances, drugs, medicines and supplies; and any other care, service or treatment for the prevention, control or elimination of disease, the correction of defects or the maintenance of the physical or mental well-being of human beings. See Kansas Statutes 40-3202
• Health insurance: means any hospital or medical expense policy, health, hospital or medical service corporation contract, and a plan provided by a municipal group-funded pool, or a health maintenance organization contract offered by an employer or any certificate issued under any such policies, contracts or plans. See Kansas Statutes 40-2118
• Health maintenance organization: means any organization granted a certificate of authority under the provisions of the health maintenance organization act. See Kansas Statutes 40-2118
• Health maintenance organization: means an organization which:

  (1) Provides or otherwise makes available to enrollees health care services, including at a minimum those basic health care services which are determined by the commissioner to be generally available on an insured or prepaid basis in the geographic area served;

  (2) is compensated, except for reasonable copayments, for the provision of basic health care services to enrollees solely on a predetermined periodic rate basis;

  (3) provides physician services directly through physicians who are either employees or partners of such organization or under arrangements with a physician or any group of physicians or under arrangements as an independent contractor with a physician or any group of physicians;

  (4) is responsible for the availability, accessibility and quality of the health care services provided or made available. See Kansas Statutes 40-3202

• Health savings account: means a trust created or organized in the United States as a health savings account exclusively for the purpose of paying the qualified medical expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the requirements specified by the medicare, prescription drug, improvement and modernization act of 2003, Pub. See Kansas Statutes 40-2239
• Highway: means the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel. See Kansas Statutes 40-3103
• Home: means the facility or facilities occupied, or planned to be occupied, by five or more residents where the provider undertakes pursuant to the continuing care contract to provide continuing care to such residents. See Kansas Statutes 40-2231
• impaired insurer: means a member insurer which, after the effective date of this act, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction;

  (g) "insolvent insurer" means a member insurer which, after the effective date of this act, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency;

  (h) "member insurer" means any insurer licensed or holding a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Kan. See Kansas Statutes 40-3005

• Implement of husbandry: means every vehicle designed or adapted and used exclusively for agricultural operations and only incidentally operated or moved upon the highways. See Kansas Statutes 40-3103
• 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}
• Individual contract: means a contract for health care services issued to and covering an individual. See Kansas Statutes 40-3202
• Individual practice association: means a partnership, corporation, association or other legal entity which delivers or arranges for the delivery of basic health care services and which has entered into a services arrangement with persons who are licensed to practice medicine and surgery, dentistry, chiropractic, pharmacy, podiatry, optometry or any other health profession and a majority of whom are licensed to practice medicine and surgery. See Kansas Statutes 40-3202
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• Insolvent insurer: means :

  (1) An insurer licensed by the commissioner to transact insurance in this state either at the time the policy was issued or when the insured event occurred; and

  (2) determined to be insolvent by a court of competent jurisdiction and against whom a final order of liquidation has been entered by a court of competent jurisdiction in the insurer's domiciliary state. See Kansas Statutes 40-2903

• Insurance arrangement: means any plan, program, contract or any other arrangement under which one or more employers, unions or other organizations provide to their employees or members, either directly or indirectly through a group-funded pool, trust or third-party administrator, health care services or benefits other than through an insurer. See Kansas Statutes 40-2118
• insurance company: as used in this article shall be construed to include any corporation having a capital stock as provided by section 40-1103, and organized for one or more of the purposes set out in section 40-1102. See Kansas Statutes 40-1101
• insurance contract: means any contract of insurance, indemnity, medical or hospital service, suretyship or annuity issued, proposed for issuance or intended for issuance by any person. See Kansas Statutes 40-2402
• Insurance entity: means the Armed Forces Cooperative Insuring Association or Armed Forces Insurance Exchange, or both. See Kansas Statutes 40-1615
• Insurance holding company system: means two or more affiliated persons, one or more of which is an insurer. See Kansas Statutes 40-3302
• Insurance premium finance company: means a person engaged in the business of entering into insurance premium finance agreements under this act. See Kansas Statutes 40-2602
• insurer: means a company organized under laws of this state for the purpose of transacting the business of title insurance and any foreign or non-U. See Kansas Statutes 40-1136
• Insurer: means any insurance company, fraternal benefit society, health maintenance organization and nonprofit hospital and medical service corporation authorized to transact health insurance business in this state. See Kansas Statutes 40-2118
• insurer: means and includes all corporations, companies, associations, societies, fraternal benefit societies, mutual nonprofit hospital service and nonprofit medical service companies, partnerships and persons engaged as principals in the business of insurance of the kinds enumerated in articles 4, 5, 6, 7, 11, 18, 19, 19a, 19b, 19c, 22, 32 and 38 ofchapter 40 of the Kansas Statutes Annotated, and any amendments thereto, insofar as the business of insurance of the kinds enumerated in such articles relate to life and accident or sickness. See Kansas Statutes 40-2702
• Insurer: means any insurance company, as defined by Kan. See Kansas Statutes 40-3103
• Insurer: means any corporation, company, association, society, fraternal benefit society, health maintenance organization, nonprofit medical and hospital service corporation, nonprofit dental service corporation, reciprocal exchange, person or partnership writing contracts of insurance, indemnity or suretyship in this state upon any type of risk or loss except lodges, societies, persons or associations transacting business pursuant to the provisions of Kan. See Kansas Statutes 40-3302
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Internationally active insurance group: means an insurance holding company system that:

  (1) Includes an insurer registered under Kan. See Kansas Statutes 40-3302

• 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.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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.
• Laws: means the society's articles of incorporation, constitution and bylaws, however designated. See Kansas Statutes 40-741
• 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}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means an insurance premium finance company holding a license issued by the commissioner under this act. See Kansas Statutes 40-2602
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lienholder: means a person holding a security interest in a vehicle. See Kansas Statutes 40-3103
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lodge: means subordinate member units of the society, known as camps, courts, councils, branches or by any other designation. See Kansas Statutes 40-741
• Long-term care insurance: includes group and individual policies or riders whether issued by insurers, fraternal benefit societies, nonprofit medical and hospital service corporations, prepaid health plans, health maintenance organizations, or any similar organization. See Kansas Statutes 40-2227
• Medicaid: means the medical assistance program operated by the state under title XIX of the federal social security act. See Kansas Statutes 40-2118
• Medical benefits: means and includes allowances for all reasonable expenses, up to a limit of not less than $4,500, for necessary health care rendered by practitioners licensed by the state board of healing arts to practice any branch of the healing arts or licensed psychologists, surgical, x-ray and dental services, including prosthetic devices and necessary ambulance, hospital and nursing services; and such term also includes allowances for services recognized and permitted under the laws of this state for an injured person who relies upon spiritual means through prayer alone for healing in accordance with such person's religious beliefs. See Kansas Statutes 40-3103
• Medicare: means coverage under both parts A and B of title XVIII of the federal social security act, 42 U. See Kansas Statutes 40-2118
• Medicare provider organization: means an organization which:

  (1) Is a provider-sponsored organization as defined by Section 4001 of the Balanced Budget Act of 1997 (PL 105-33); and

  (2) provides or otherwise makes available to enrollees basic health care services pursuant to Section 4001 of the Balanced Budget Act of 1997 (PL 105-33). See Kansas Statutes 40-3202

• Medicare supplement policy: means a group or individual policy of accident and sickness insurance or a subscriber contract of hospitals and medical service associations or health maintenance organizations, other than a policy issued pursuant to a contract under section 1876 of the federal social security act (42 U. See Kansas Statutes 40-2118
• Member: means all insurers and insurance arrangements participating in the association. See Kansas Statutes 40-2118
• Member insurer: means any person who (1) is authorized to write any kind of insurance to which this act applies under Kan. See Kansas Statutes 40-2903
• Merger: means the union of two (2) or more companies into a single company which is one of the companies so uniting. See Kansas Statutes 40-508
• merger: means the union of two (2) or more companies into a single company which is one of the companies so uniting. See Kansas Statutes 40-1216
• Merger: means the union of two or more insurance entities into a single insurance entity which is one of the insurance entities uniting. See Kansas Statutes 40-1615
• Minor: means any person defined by Kan. See Kansas Statutes 77-201
• Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
• Monthly earnings: means : (1) In the case of a regularly employed person or a person regularly self-employed, 1/12 of the annual earnings at the time of injury; or (2) in the case of a person not regularly employed or self-employed, or of an unemployed person, 1/12 of the anticipated annual earnings from the time such person would reasonably have been expected to be regularly employed. See Kansas Statutes 40-3103
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motor vehicle: means every self-propelled vehicle of a kind required to be registered in this state, including any trailer, semitrailer or pole trailer designed for use with such vehicle, but such term does not include a motorized bicycle. See Kansas Statutes 40-3103
• Net direct written premiums: means first gross premiums written in this state on insurance policies to which this act applies, less return premiums thereon and dividends paid or credited to policyholders on such direct business. See Kansas Statutes 40-2903
• Net worth: means the excess of assets over liabilities as determined by the commissioner from the latest annual report filed pursuant to Kan. See Kansas Statutes 40-3202
• 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.
• Oath: A promise to tell the truth.
• Oath: includes an affirmation in all cases where an affirmation may be substituted for an oath, and in similar cases "swear" includes affirm. See Kansas Statutes 77-201
• 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.
• Operator: means any person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Kansas Statutes 40-3103
• Owner: means a person, other than a lienholder, having property in or title to a motor vehicle, including a person who is entitled to the use and possession of a motor vehicle subject to a security interest held by another person, but such term does not include a lessee under a lease not intended as security. See Kansas Statutes 40-3103
• 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.
• Person: means a natural person, partnership, association, cooperative, corporation, trust or other legal entity. See Kansas Statutes 40-1136
• person: means an individual, corporation, partnership, association, joint stock company, trust, unincorporated organization or any similar entity;

  (c) "affiliate" means a person that directly or indirectly, through one or more intermediaries, employs, controls or is controlled by, or is under common control with a health care provider;

  (d) "commissioner" means the commissioner of insurance; and

  (e) "association" means any organization whose income is exempt from taxation pursuant to section 501(a) of the internal revenue code of 1986, and amendments thereto, as in effect on the effective date of this act, due to such association's compliance with section 501(c)(6) of such code, and amendments thereto, as in effect on the effective date of this act. See Kansas Statutes 40-12a01

• Person: means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type of organization, organization, cooperative, partnership, receiver, trustee or society, with power to enter into contractual undertakings within or without the state. See Kansas Statutes 40-1623
• Person: means any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's insurer, fraternal benefit society and any other legal entity engaged in the business of insurance, including agents, brokers and adjusters. See Kansas Statutes 40-2402
• Person: means any individual, corporation, partnership, association or voluntary organization. See Kansas Statutes 40-2903
• person: means any individual, corporation, partnership, association, voluntary organization or provider;

  (k) "policyholder" and "contract holder" means the person who is identified as the legal owner under the terms of the policy or contract or who is otherwise vested with legal title to the policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded as the owner on the books of the insurer. See Kansas Statutes 40-3005

• Person: means an individual, partnership, corporation or other association of persons. See Kansas Statutes 40-3103
• Person: means any natural or artificial person including but not limited to individuals, partnerships, associations, trusts or corporations. See Kansas Statutes 40-3202
• Person: means an individual, corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert. See Kansas Statutes 40-3302
• Personal injury protection benefits: means the disability benefits, funeral benefits, medical benefits, rehabilitation benefits, substitution benefits and survivors' benefits required to be provided in motor vehicle liability insurance policies pursuant to this act. See Kansas Statutes 40-3103
• Physician: means a person licensed to practice medicine and surgery under the healing arts act. See Kansas Statutes 40-3202
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the Kansas uninsurable health insurance plan created pursuant to this act. See Kansas Statutes 40-2118
• Plan of operation: means the plan to create and operate the Kansas uninsurable health insurance plan, including articles, bylaws and operating rules, adopted by the board pursuant to Kan. See Kansas Statutes 40-2118
• 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.
• policy: means a contract insuring or indemnifying owners of, or other persons lawfully interested in, real or personal property or any interest in real property, against loss or damage arising from any or all of the following conditions existing on or before the policy date and not excepted or excluded:

  (1) Defects in or liens or encumbrances on the insured title;

  (2) unmarketability of the insured title;

  (3) invalidity, lack of priority, or unenforceability of liens or encumbrances on the stated property;

  (4) lack of legal right of access to the land; or

  (5) unenforceability of rights in title to the land. See Kansas Statutes 40-1136

• Policy: means , except as otherwise provided in subsection (e), any individual or group policy, contract, subscriber agreement, rider or endorsement delivered or issued for delivery in this state by an insurer, fraternal benefit society, nonprofit medical and hospital service corporation, prepaid health plan, health maintenance organization or any similar organization. See Kansas Statutes 40-2227
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Premium: means the monthly or other periodic charge for a health benefit plan. See Kansas Statutes 40-2239
• Premium finance agreement: means an agreement by which an insured or prospective insured promises to pay to a premium finance company the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent in payment of premium on an insurance contract insuring against the perils of fire, extended coverage, marine and inland marine as defined in article 9 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, and insuring against casualty losses as defined in article 11 of chapter 40 of the Kansas Statutes Annotated and amendments thereto, together with a service charge as authorized and limited by this act. See Kansas Statutes 40-2602
• Premiums: means premiums, rates, dues or other required contributions by whatever name known, which are payable under the certificate. See Kansas Statutes 40-741
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes personal and real property. See Kansas Statutes 77-201
• provider: means a person who is entitled to receive compensation for providing medical services to an insured covered under any health insurance contract or policy issued by a member insurer, regardless of whether the provider is obligated by statute or by agreement with the member insurer to hold any insured covered by any health insurance contract or policy harmless from liability for services;

  (m) "premiums" means amounts received on covered policies or contracts less premiums, considerations and deposits returned thereon, and less dividends and experience credits thereon. See Kansas Statutes 40-3005

• Provider: means any physician, hospital or other person which is licensed or otherwise authorized in this state to furnish health care services. See Kansas Statutes 40-3202
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified financial institution: means an institution that is:

  (1) Organized or (in the case of a U. See Kansas Statutes 40-1136

• Quorum: The number of legislators that must be present to do business.
• Real Estate Settlement Procedures Act: Federal law that, among other things, requires lenders to provide "good faith" estimates of settlement costs and make other disclosures regarding the mortgage loan. RESPA also limits the amount of funds held in escrow for real estate taxes and insurance. ^{Source: OCC}
• 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
• Reciprocal: means an aggregation of subscribers under a common name. See Kansas Statutes 40-1623
• Reciprocal insurance: means insurance resulting from the mutual exchange of insurance contracts among persons in an unincorporated association under a common name through an attorney-in-fact having authority to obligate each person both as insured and insurer. See Kansas Statutes 40-1623
• 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
• 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.
• Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
• Resident: means an individual or individuals who have entered into an agreement with a provider for continuing care in a home. See Kansas Statutes 40-2231
• resident: means any person who resides in this state at the time a member insurer is determined by court order to be an impaired or insolvent insurer and to whom a contractual obligation is owed. See Kansas Statutes 40-3005
• residents: shall mean and include person, partnership or corporation, domestic, alien or foreign. See Kansas Statutes 40-2416
• road: include public bridges and may be construed to be equivalent to "county way" "county road" "common road" "state road" and "territorial road. See Kansas Statutes 77-201
• Rules: means all rules, regulations or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society. See Kansas Statutes 40-741
• 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
• Security interest: means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. See Kansas Statutes 40-3103
• Self-insurer: means any person effecting self-insurance pursuant to subsection (f) of Kan. See Kansas Statutes 40-3103
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• 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.
• Small employer health benefit plan: means an arrangement providing a health benefit plan for the purpose described in Kan. See Kansas Statutes 40-2239
• Society: means fraternal benefit society, unless otherwise indicated. See Kansas Statutes 40-741
• Special mobile equipment: means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls and scrapers, power shovels and drag lines and self-propelled cranes and earth moving equipment. See Kansas Statutes 40-3103
• staff model: means a partnership, association or other group:

  (1) Which is composed of health professionals licensed to practice medicine and surgery and of such other licensed health professionals, including but not limited to dentists, chiropractors, pharmacists, optometrists and podiatrists as are necessary for the provision of health services for which the group is responsible;

  (2) a majority of the members of which are licensed to practice medicine and surgery; and

  (3) the members of which: (A) As their principal professional activity over 50% individually and as a group responsibility are engaged in the coordinated practice of their profession for a health maintenance organization; (B) pool their income and distribute it among themselves according to a prearranged salary or drawing account or other plan, or are salaried employees of the health maintenance organization; (C) share medical and other records and substantial portions of major equipment and of professional, technical and administrative staff; and (D) establish an arrangement whereby the enrollee's enrollment status is not known to the member of the group who provides health services to the enrollee. See Kansas Statutes 40-3202

• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• structured settlement annuity: means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant, but excludes an annuity policy or contract awarded pursuant to Kan. See Kansas Statutes 40-3005
• Subpoena: A command to a witness to appear and give testimony.
• Subscriber: means a person obligated under a reciprocal insurance agreement. See Kansas Statutes 40-1623
• Substitution benefits: means allowances for appropriate and reasonable expenses incurred in obtaining other ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed for the benefit of such person or such person's family, subject to a maximum of $25 per day for not longer than 365 days after the date such expenses are incurred. See Kansas Statutes 40-3103
• Survivor: means a decedent's spouse, or child under the age of 18 years, where death of the decedent resulted from an injury. See Kansas Statutes 40-3103
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Uncovered expenditures: means the costs of health care services that are covered by a health maintenance organization for which an enrollee would also be liable in the event of the organization's insolvency as determined by the commissioner from the latest annual statement filed pursuant to Kan. See Kansas Statutes 40-3202
• under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management or 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 40-3302
• Undertaking: means a promise or security in any form where required by law. See Kansas Statutes 77-201
• Uninsured motor vehicle: means any motor vehicle which is not included under an approved self-insurance plan of a self-insurer or for which there is not in effect a motor vehicle liability insurance policy meeting the requirements of this act. See Kansas Statutes 40-3103
• 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.
• Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
• Voting security: means any security convertible into or evidencing a right to acquire a voting security. See Kansas Statutes 40-3302
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.