Terms Used In Kansas Statutes > Chapter 40 > Article 21 - Miscellaneous Provisions

• Administering carrier: means the insurer or third-party administrator designated in Kan. See Kansas Statutes 40-2118
• 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.
• 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.
• 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.
• Association: means the Kansas health insurance association established in Kan. See Kansas Statutes 40-2118
• 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 directors of the association. See Kansas Statutes 40-2118
• 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
• Commissioner: means the commissioner of insurance. See Kansas Statutes 40-2118
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• 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

• 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
• Dependent: A person dependent for support upon another.
• Donor: The person who makes a gift.
• 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.
• 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}
• 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.
• 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

• 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.
• 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
• 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
• 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
• 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
• 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
• 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.
• Medicaid: means the medical assistance program operated by the state under title XIX of the federal social security act. See Kansas Statutes 40-2118
• 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 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
• Month: means a calendar month, unless otherwise expressed. 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.
• 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.
• 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
• 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.
• Property: includes personal and real property. See Kansas Statutes 77-201
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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.
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• Undertaking: means a promise or security in any form where required by law. See Kansas Statutes 77-201