Kansas Statutes > Chapter 40 > Article 22 – Uniform Policy Provisions
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Terms Used In Kansas Statutes > Chapter 40 > Article 22 - Uniform Policy Provisions
- 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.
- 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
- 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.
- 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.
- 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
- 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
- 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
- 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
- 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. See Kansas Statutes 40-2227
- 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
- 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.
- 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.
- Dependent: A person dependent for support upon another.
- Devise: To gift property by will.
- Disabled person: includes incapacitated persons and incompetent persons as defined herein. See Kansas Statutes 77-201
- 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
- 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
- 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.
- Family member: means an eligible employee's spouse and any unmarried dependent child or stepchild. See Kansas Statutes 40-2239
- 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.
- 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
- 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
- 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 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
- 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
- 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
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- 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
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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.
- 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
- 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
- Property: includes personal and real property. 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.
- 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
- 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
- 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.
- Trustee: A person or institution holding and administering property in trust.