Beck v. Blue Cross & Blue Shield of Kansas, Inc.

*669The 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 Blue Cross violated K.S.A. 40-2,101. The jury awarded damages to Dr. Beck in the sum of $1,602,200.50.

Blue Cross appeals from the denial of its K.S.A. 2001 Supp. 60-250 motion for…