# K.S.A. § 40-2,109: 40-2,109 - Mental or physical handicaps; rate discrimination prohibited; enforcement

> Kansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C109

## Section

- **Citation:** K.S.A. § 40-2,109
- **Heading:** 40-2,109 - Mental or physical handicaps; rate discrimination prohibited; enforcement
- **Jurisdiction:** Kansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KS Code / Chapter 40 / Article 2 / Section 40-2,109

## Text

40-2,109. Mental or physical handicaps; rate discrimination prohibited; enforcement. (a) No insurance company shall charge unfair discriminatory premiums, policy fees or rates for, or refuse to provide, any policy or contract of life insurance, life annuity or policy containing disability coverage for a person solely because the applicant therefor has a mental or physical handicap unless the rate differential, or refusal to provide, is based on sound actuarial principles or is related to actual or reasonably anticipated experience. No insurance company shall unfairly discriminate in the payments of dividends, other benefits payable under a policy, or in any of the terms and conditions of such policy or contract solely because the owner of the policy or contract has a mental or physical handicap unless the difference is based on sound actuarial principles or is related to actual or reasonably anticipated experience.

(b) Nothing in this section shall be construed as requiring an insurance company to provide insurance coverage against a mental or physical handicap which the applicant or policyholder has already sustained.

(c) Enforcement of the provisions of this section shall be in accordance with article 24 of chapter 40 of the Kansas Statutes Annotated, and acts amendatory thereof and supplemental thereto.

## Nearby sections

- [K.S.A. § 40-2,100 40-2,100 - Insurance coverage to include reimbursement or indemnity for services performed by optometrist, dentist or podiatrist.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C100.md)
- [K.S.A. § 40-2,101 40-2,101 - No policies, contracts or agreements for medical service shall deny reimbursement or indemnification for any service within scope of practice licensed under Kansas healing arts act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C101.md)
- [K.S.A. § 40-2,102 40-2,102 - Coverage for newly born and adopted children; coverage for immunizations; notification of birth or adoption; mandatory option to cover delivery expenses of birth mother of adopted child.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C102.md)
- [K.S.A. § 40-2,103 40-2,103 - Application of designated statutes.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C103.md)
- [K.S.A. § 40-2,104 40-2,104 - Insurance coverage to include reimbursement for services performed by licensed psychologist.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C104.md)
- [K.S.A. § 40-2,105 40-2,105 - Insurance coverage under individual or small employer group policies for services rendered in treatment of mental illness, alcoholism, drug abuse or substance use disorders; limitations; exceptions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C105.md)
- [K.S.A. § 40-2,106 40-2,106 - Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C106.md)
- [K.S.A. § 40-2,107 40-2,107 - Minimum notice requirements for cancellation of insurance agency contract by insurance company.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C107.md)
- [K.S.A. § 40-2,108 40-2,108 - Same; rules and regulations by commissioner.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C108.md)
- [K.S.A. § 40-2,109 40-2,109 - Mental or physical handicaps; rate discrimination prohibited; enforcement.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C109.md)
- [K.S.A. § 40-2,110 40-2,110 - Reporting fire losses; rules and regulations; report forms.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C110.md)
- [K.S.A. § 40-2,111 40-2,111 - Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C111.md)
- [K.S.A. § 40-2,112 40-2,112 - Adverse underwriting decisions; reasons required to be furnished; refunds of premiums; time for making decision.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C112.md)
- [K.S.A. § 40-2,113 40-2,113 - Nonliability for information relating to adverse underwriting decision.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C113.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A2_S40-2%2C109. Check the current official text before relying on it. Not legal advice.