MANAGE LEGISLATIVE & LEAD UPDATE
KAIA ’ s Advocacy Saved Your Money
KAIA efforts helped to eliminate over $ 210,000 in bi-annual fee increases for our members . Through intense negotiations , members were spared nearly $ 330,000 in increased , bi-annual CE expenses in working with the insurance department to limit the CE increase to 18 instead of the national standard of 24 hours . On average , this translates to an estimated combined average annual savings of $ 830 per member agency from what was initially proposed .
fraud investigations , subpoena witnesses , and compel them to testify , require documents , and order depositions . The bill describes actions that could be taken if a person refuses to obey a subpoena or refuses to testify , including a civil penalty of up to $ 2,000 for each violation .
SB291 contained provisions that would have created “ insurance and special investigators ” trained as police officers . These investigators would have had the authority to make arrests , serve subpoenas , conduct searches and seizures , store evidence , and carry firearms while conducting anti-fraud investigations . Due to this provision , KAIA opposed SB291 , and the new bill will not include the law enforcement provision . KAIA will be neutral on the new bill .
COVID-19 Liability Protections . In the 2020 Special Session , large bipartisan majorities in the House and Senate passed out HB2016 , which created and amended law regarding the governmental response to the coronavirus pandemic in Kansas . The bill ’ s main provisions impact the expenditure of federal stimulus dollars , the Governor ’ s executive authority relating to emergency declarations , and COVID-related liability protections for healthcare providers and businesses . These liability protections are set to expire on January 26 , 2021 , unless the legislature acts . We anticipate the legislature ’ s first order of business will be to renew many of the provisions in HB2016 . Important for the insurance market were the following provisions :
• Healthcare Provider Immunity . The bill states that a healthcare provider is immune from civil liability for damages , administrative fines , or penalties for acts , omissions , healthcare decisions , or the rendering or failure to render healthcare services . It includes altered , delayed , or withheld services as a direct response to any COVID-19 state of disaster emergency under the KEMA . The immunity would not apply to cases of gross negligence or willful , wanton , or reckless conduct . Nor would the immunity extend to services not related to COVID-19 that were not altered or delayed .
• Business Liability . The bill states that a person conducting business in Kansas shall be immune from liability in a civil action for a COVID-19 claim if such person was acting pursuant to and in substantial compliance with public health directives applicable to the activity giving rise to the cause of action when the cause of action accrued . This section would expire on January 26 , 2021 , and the bill would state
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