K.S.A. 40-2242

As a condition to participation as a member of any small employer health benefit plan as provided in K.S.A. 40-2240 , and amendments thereto, an employer shall have not contributed within the preceding two years to any health insurance premium or health savings account on behalf of an employee who is to be covered by the employer's contribution other than a contribution by an employer to a health insurance premium or health savings account within the preceding two years solely for the benefit of the employer or the employer's dependents.