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Session of 2026
HOUSE BILL No. 2566
By Representative Stiens
1-27
AN ACT concerning insurance; relating to health insurance coverage;
enacting the every body can move act; mandating health insurance
policies to provide coverage for prosthetic and orthotic devices.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) This act shall be known and may be cited as the every
body can move act.
(b) All individual and group health insurance policies providing
coverage for hospital, medical or surgical expenses shall include coverage
for prosthetic and orthotic devices that, at a minimum, equals the coverage
and payment for prosthetic and orthotic devices required under 42 U.S.C.
§ 1395k, § 1395l and § 1395m and 42 C.F.R. § 414.20, § 414.210, §
414.228 and § 410.100.
(c) Coverage shall include a prosthetic or orthotic device that most
adequately meets the medical needs of the enrollee to perform the
following:
(1) Daily activities or job functions;
(2) physical activities, including, but not limited to, running, biking,
swimming, strength training and maximizing the enrollee's upper or lower
limb function; and
(3) showering or bathing.
(d) Coverage shall also include:
(1) All materials, components and supplies necessary for the use of
such prosthetic or orthotic device;
(2) instruction for the enrollee on how to use such prosthetic or
orthotic device;
(3) replacement of any part of a prosthetic or orthotic device provided
under subsection (c), if an ordering healthcare provider determines that the
replacement of such device or part of such device is necessary because:
(A) Of a change in the physiological conditions of the enrollee;
(B) of an irreparable change in the condition of the device or part of
the device; or
(C) the condition of the device or part of the device requires repairs
and the cost of such repairs would be more than 60% of the cost of a
replacement device or a replacement part for the device.
(e) Confirmation of medical necessity from a prescribing healthcare
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provider may be required if the prosthetic or orthotic device or part of such
device is less than three years old.
(f) As used in this section, "healthcare provider" means a practitioner
or mid-level provider as such terms are defined in K.S.A. 65-1626, and
amendments thereto.
Sec. 2. (a) An individual health plan that is delivered, issued for
delivery or renewed in Kansas that offers coverage for prosthetic or
orthotic devices shall consider such coverage benefits as rehabilitative and
habilitative services for the purposes of any state or federal requirement
for coverage of essential health benefits.
(b) If an enrollee has received a prosthetic or orthotic device under
section 1(b), benefits shall require a treating healthcare provider to
determine that the additional prosthetic or custom orthotic device is
medically necessary to enable the enrollee to engage in physical activities,
including, but not limited to, running, biking, swimming, strength training,
showering bathing and maximization of the enrollee's lower or upper limb
function.
(c) An insurer may render utilization review determinations but shall
do so in a nondiscriminatory manner and shall not deny coverage of
rehabilitative or habilitative services or devices solely on the basis of an
enrollee's actual or perceived disability.
(d) An insurer shall not deny a prosthetic or orthotic benefit for an
individual with limb loss or limb difference that would otherwise be
covered for a nondisabled person seeking medical or surgical intervention
to restore or maintain the ability to perform the same physical ability.
(e) A health benefit plan that is delivered, issued for delivery or
renewed in Kansas that offers coverage for prosthetic and orthotic devices
shall include language describing an enrollee's rights pursuant to
subsections (c) and (d) in such health benefit plan's evidence of coverage
and benefit denial letters.
(f) Prosthetic and orthotic device coverage shall not be subject to
separate financial requirements that are applicable only with respect to that
coverage. An individual health plan may impose cost sharing on prosthetic
or orthotic devices, except for any cost-sharing requirements applicable to
the plan's coverage for other medical and surgical devices.
(g) A health plan that provides coverage for prosthetic or orthotic
devices shall ensure access to medically necessary clinical care and
prosthetic and orthotic devices and technology from not fewer than two
distinct prosthetic and orthotic providers in a managed care plan's provider
network located in the state. In the event that medically necessary covered
prosthetic and orthotic devices are not available from an in-network
provider, the insurer shall fully reimburse the out-of-network provider at a
mutually agreed upon rate less member cost sharing determined on an in-
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network basis.
Sec. 3. The provisions of this act shall apply to all policies, contracts
and certificates executed, delivered, issued for delivery, continued or
renewed in Kansas on or after January 11, 2027. For the purposes of this
act, all contracts are deemed to be renewed not later than the next annual
anniversary of the contract date. All state laws in conflict with this
legislation are hereby declared to be null and void.
Sec. 4. The provisions of K.S.A. 40-2248, 40-2249 and 40-2249a,
and amendments thereto, shall not apply to this act.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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