HB 2245 — Transferring officers, employees, powers, duties and functions relating to the state health care benefits program from the division of the state employee health benefits plan of the department of administration to the insurance department, establishing the commissioner of insurance as the chairperson of the Kansas state employees health care commission, providing that all management functions of such commission be administered by the commissioner of insurance and eliminating a pilot program regarding employer contributions for certain children.

AsAmended by House Committee Session of 2025 HOUSE BILLNo.

44-512 and 75-6502 and repealing the existing sections.sections;

also repealing K.S.A.

75-6506a and K.S.A.

2024 Supp.

75- 37,162, 75-37,163, 75-37,164, 75-37,165, 75-37,166, 75-37,167, 75- 37,168, 75-37,169, 75-37,170 and 75-37,171.

2. (a) All officers and employees of the division of the state employee health benefits plan of the department of administration who, immediately prior to July 1, 2025, are engaged in the exercise and performance of the powers, duties and functions involving the administration of the state employee health benefits plan, as well as all officers and employees of the department of administration who are determined by the commissioner of insurance to be engaged in providing administrative, technical or other support services that are essential to the exercise and performance of the powers, duties and functions transferred by section 1, and amendments thereto, are hereby transferred to the insuranceHB department.2245—Am.

by HC 2 insurance department.

(b) Officers and employees of the division of the state employee HB 2245 2 health benefits plan of the department of administration transferred by this section shall retain all retirement benefits and leave balances and rights that had accrued or vested prior to the date of transfer.

(d) All rules and regulations, orders and directives of the division of the state employee health benefits plan of the department of administration that relate to the powers, duties and functions transferred by section 1, and amendments thereto, and are in effect on July 1, 2024, shall continue to be effective and shall be deemed to be rules and and regulations, orders and directives of the commissioner of insurance until revised, amended, HB 22452245—Am. 3 repealed or nullified pursuant to law.

by HC 3 amendments thereto, and are in effect on July 1, 2024, shall continue to be effective and shall be deemed to be rules and and regulations, orders and directives of the commissioner of insurance until revised, amended, repealed or nullified pursuant to law.

44-575 through 44-580, and 75- 7405(c)(8), and amendments thereto, and any other statute involving the administration of the state workers compensation self-insurance fund are hereby transferred to and imposed upon the insurance department, under HB 22452245—Am. 4 the direction of the commissioner of insurance.

by HC 4 7405(c)(8), and amendments thereto, and any other statute involving the administration of the state workers compensation self-insurance fund are hereby transferred to and imposed upon the insurance department, under the direction of the commissioner of insurance.

(f) All officers and employees of the division of the state employee health benefits plan of the department of administration who, immediately prior to July 1, 2024, are engaged in the exercise and performance of the powers, duties and functions involving the administration of the state workers compensation self-insurance fund and transferred by this section, as well as all officers and employees of the department of administration who are determined by the commissioner of insurance to be engaged in providing administrative, technical or other support services that are essential to the exercise and performance of the powers, duties and functions transferred by this section, are hereby transferred to the insuranceHB department,2245—Am. under the direction of the commissioner of insurance.

by HC 5 insurance department, under the direction of the commissioner of insurance.

HB 2245 5 (g) Officers and employees of the division of the state employee health benefits plan of the department of administration transferred by this section shall retain all retirement benefits and leave balances and rights that had accrued or vested prior to the date of transfer.

8. K.S.A.

2024 Supp.

44-512 is hereby amended to read as follows:

44-512.

(a) Workers compensation payments shall be made at the same time, place and in the same manner as the wages of the worker were payable at the time of the accident, but upon the application of either party the administrative law judge may modify such requirements in a particular case as the administrative law judge deems just, except that:

(1)(a) Payments from the workers compensation fund established HB 2245—Am.

by HC 6 by K.S.A.

44-566a, and amendments thereto, shall be made in the manner approved by the commissioner of insurance;

(2)(b) payments from the state workers compensation self- insurance fund established by K.S.A.

44-575, and amendments thereto, shall be made in a manner approved by the secretary of health and environment commissioner of insurance;

and (3)(c) whenever temporary total disability compensation is to be paid under the workers compensation act, payments shall be made only in cash, by check or in the same manner that the employee is normally compensated for salary or wages, or if the parties agree, by electronic funds transfer or a payment card, and not by any other means, except that any such compensation may be paid by warrant of the director of accounts and reports issued for payment of such compensation from the workers compensation fund or the state workers compensation self-insurance fund under the workers compensation act.

(b) When allowed pursuant to the provisions of subsection (a)(1) through (3), if compensation is being paid by electronic funds transfer to the injured worker's account or compensation is being paid by a payment card issued to the injured worker and the injured worker is represented by an attorney, the employer shall notify the injured worker's attorney each time payment is made.

Sec.

(b) For the purposes of providing for the payment of compensation for claims arising on and after July 1, 1974, and all other amounts required to be paid by any state agency as a self-insured employer under the workers compensation act and any amendments or additions thereto, there HB 2245 6 is hereby established the state workers compensation self-insurance fund in the state treasury.

(1) All compensation for claims arising on and after July 1, 1974, and all other amounts required to be paid by any state agency as a self- insuredHB employer2245—Am. under the workers compensation act and any amendments or additions thereto;

by HC 7 insured employer under the workers compensation act and any amendments or additions thereto;

HB 2245 7 (e) The secretary of health and environment commissioner of insurance shall remit all moneys received by or for the secretary commissioner in the capacity as administrator of the state workers compensation self-insurance fund, to the state treasurer in accordance with the provisions of K.S.A.

(f) There is hereby established the state workplace health and safety program within the state workers compensation self-insurance program of theHB insurance2245—Am. department of health and environment.

by HC 8 the insurance department of health and environment.

(b) The secretary of health and environment commissioner of HB 2245 8 insurance shall investigate, or cause to be investigated, each claim for compensation against the state workers compensation self-insurance fund.

If, based upon such investigation and any other available information, the secretary of health and environment commissioner of insurance finds that there is no material dispute as to any issue involved in the claim, that the claim is valid and that the claim should be settled by agreement, the secretary of health and environment commissionerHB of2245—Am. insurance may proceed to enter into such an agreement with the claimant, for the state workers compensation self-insurance fund.

by HC 9 commissioner of insurance may proceed to enter into such an agreement with the claimant, for the state workers compensation self-insurance fund.

2023 2024 Supp.

and (7) a member of the house of representatives HB 2245 9 appropriations committee, appointed by the speaker of the house of representatives.