BECK v. BLUE CROSS & BLUE SHIELD OF KANSAS

No. 86,214.

273 Kan. 668 (2002)

44 P.3d 1237

MARK A. BECK, Appellee, v. BLUE CROSS and BLUE SHIELD OF KANSAS, INC., Appellant.

Supreme Court of Kansas.

Opinion filed April 26, 2002.


Attorney(s) appearing for the Case

Mark G. Arnold, of Husch & Eppenberger, LLC, of St. Louis, Missouri, argued the cause, and Alan L. Rupe, of the same firm, of Wichita, and Jane Chandler Holt, of Blue Cross and Blue Shield of Kansas, of Topeka, were with him on the briefs for appellant.

Jeffery L. Carmichael, of Morris, Laing, Evans, Brock & Kennedy, Chtd., of Wichita, argued the cause, and Robert W. Coykendall and Jana D. Abbott, of the same firm, were with him on the briefs for appellee.

Jennifer L. Osborn, William Corum, and Steven L., Imber, of Blackwell, Sanders, Peper, Martin, LLP, of Overland Park, were on the brief for amicus curiae Blue Cross and Blue Shield of Kansas City and the Blue Cross and Blue Shield Association.

J. Philip Davidson and Tristram E. Felix, of Wallace, Saunders, Austin, Brown & Enochs, Chtd., of Wichita, were on the brief for amicus curiae Preferred Health Systems, Inc.


The opinion of the court was delivered by

SIX, J.:

This is a breach of contract action. Resolution is based on our interpretation of K.S.A. 40-2,101, a "mandated-provider" or "freedom of choice" statute. Plaintiff Mark A. Beck, a chiropractor, was a contracting provider with defendant Blue Cross and Blue Shield of Kansas, Inc. (Blue Cross) from 1992 through 1996. Dr. Beck sued Blue Cross, claiming his contracts with...

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