Supreme Court of Kansas

Towne v. U.S.D. 259

January 5, 2024

Summary

The Kansas Supreme Court reversed the district court and Court of Appeals, holding that K.S.A. 40‑202(b) does not exempt a self‑funded school‑district health plan from regulation under the Kansas Insurance Code, that the plan is a “health benefit plan” and therefore the district is a “health insurer” subject to the anti‑subrogation rule, and that Kansas courts have subject‑matter jurisdiction to hear breach‑of‑contract actions. The case was remanded for further proceedings.