The Kansas Insurance Department (“Department”) recently issued a Data Call to all Third Party Administrators (“TPAs”) licensed in the state of Kansas. Pursuant to the Data Call, the Department has requested information regarding self-funded 403(b) plans that are exempt from ERISA administered by TPAs for Kansas residents in connection with health coverage (e.g. for which TPAs underwrite, collect premiums, or adjust or settle claims). Pursuant to the Data Call, TPAs are required to provide the following information to the Department:

• Number of Kansas self-funded governmental plans (e.g., plans sponsored by a state, county, or municipality or a governmental agency, school, or instrumentality).
• Number of total covered lives in the above self-funded governmental plans.
• Number of Kansas self-funded church plans who have not elected to have their plan covered by ERISA.
• Number of total covered lives in the above self-funded church plans.
• Total number of the above self-funded governmental plans and self-funded church plans.
• Total number of above covered lives for self-funded governmental plans and self-funded church plans.

The Department issued the data call under the Kansas Insurance Commissioner’s authority (K.S.A. 40-103). Failure to respond by 5:00 p.m. CST on January 17 may result in regulatory action under K.S.A. 40-2, 125, including penalties of up to $1,000, plus $500 for each additional week of non-compliance.