40-5803. Definitions.

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40-5803. Definitions. For the purposes of this act:

(a)"Delivered by electronic means" includes:

(1)Delivery to an electronic mail address at which a party has consented to receive notices or documents; or

(2)posting on an electronic network or site accessible via the internet, mobile application, computer, mobile device, tablet or any other electronic device, together with separate notice of the posting, which shall be provided by electronic mail to the address at which the party has consented to receive notice or by any other delivery method that has been consented to by the party.

(b)"Party" means any recipient of any notice or document required as part of an insurance transaction, including, but not limited to, an applicant, an insured, a policyholder or an annuity contract holder. "Party" does not include a "health benefit plan covered person."

(c)"Health benefit plan" means the same as in K.S.A. 40-4602 , and amendments thereto. "Health benefit plan" shall also include any:

(1)Individual health insurance policy;

(2)individual or group dental insurance policy; or

(3)nonprofit dental services corporation.

(d)"Health benefit plan covered person" means a policyholder, subscriber, enrollee or other individual participating in a health benefit plan.

(e)"Insured" means an individual who is covered by an insurance policy, including a health benefit plan.

(f)"Nonprofit dental services corporation" means a nonprofit corporation organized pursuant to the nonprofit dental service corporation act, K.S.A. 40-19a01 et seq., and amendments thereto.

(g)"Plan sponsor" means the:

(1)Employer in the case of an employee benefit plan established or maintained by a single employer;

(2)employee organization in the case of a plan established or maintained by an employee organization; or

(3)association, committee, joint board of trustees or similar group of representatives of the parties who establish or maintain the plan in the case of a plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations.