Article 34 - HEALTH CARE PROVIDER INSURANCE
- Section 40-3401 - Definitions
- Section 40-3402 - Professional liability insurance to be maintained by health care providers as condition of active licensure to render services in state, exception, limits of coverage; information to be furnished by insurer; termination of coverage, notice; contents of policies issued in state; duties of certain insurance companies; surcharge and information required of certain health care providers; occurrence form policy as alternative to required claims made policy for certain persons
- Section 40-3403 - Health care stabilization fund, establishment and administration; board of governors, membership, organization, meetings, executive director and staff and general powers and duties; duties of commissioner of insurance; liability of fund; payments from fund; qualification of health care provider for coverage under fund, termination; liability of provider for acts of other providers; university of Kansas medical center private practice foundation reserve fund, establishment, transfers from; provider coverage options, election; eligibility of psychiatric hospitals and certain inactive providers for coverage; termination of fund liability for certain providers
- Section 40-3403a - Termination of fund coverage; equivalent insurance required
- Section 40-3403b - Health care stabilization fund oversight committee; members, compensation and expenses; duties; legislative staff assistance; information provided for actuarial review, confidentiality, exemption from legal process
- Section 40-3404 - Annual premium surcharge; collection by insurer; penalty for failure of insurer to comply; basis of amount of premium surcharge
- Section 40-3406 - Investment of health care stabilization fund moneys
- Section 40-3407 - Payments from fund; claim payments
- Section 40-3407a - Same; expenditures irrespective of time liability incurred or judgment or settlement made
- Section 40-3408 - Liability of insurer or self-insurer for injury or death arising out of act or omission of healthcare provider, limitation; fund coverage excess over liability insurance coverage; permissive exclusions from coverage
- Section 40-3409 - Service upon board of governors required in action filed in state for injury or death arising out of act or omission of health care provider; time for filing; effect of failure to make service; notification of board of governors required in action filed outside of state; copy of petition involving certain health care providers forwarded to state board of healing arts; defense of action; costs; submission of certain information to board of healing arts
- Section 40-3410 - Negotiation of amount of claim to be paid from fund; settlement; procedure for court approval
- Section 40-3411 - Commencement of actions upon failure to reach settlement or obtain court approval thereof on amount to be paid from fund; defense of action; attorneys' fees; obligation of provider to attend hearings and trial and give evidence
- Section 40-3412 - Actions against health care providers or inactive health care providers; no direct action against fund or insurer; inadmissible evidence; fund not liable for certain damages
- Section 40-3413 - Apportionment of risk among insurers; preparation of plan; contents; approval or disapproval; amendment; preparation by commissioner of insurance, when; order to discontinue unfair or unreasonable activities or activities inconsistent with act; governing board, membership; commissions on insurance written under plan; prior acts liability insurance for certain providers, policy limits
- Section 40-3414 - Qualification of healthcare provider or system as self-insurer; cancellation of certificate of self-insurance, grounds; payment of surcharge; Kansas soldiers' home, Kansas veterans' home and persons engaged in residency training and persons engaged in a postgraduate training program as self-insurers; health maintenance organizations and related groups; private practice foundations and faculty of university of Kansas medical center
- Section 40-3415 - Consultation and assistance in maintaining compliance with act
- Section 40-3416 - Report of suspected violations to regulatory agencies; investigation; report to attorney general; injunctive relief
- Section 40-3417 - Rules and regulations
- Section 40-3418 - Severability of act
- Section 40-3418a - Severability of act
- Section 40-3419 - Title of act
- Section 40-3420 - Professional corporation which reorganizes as not-for-profit corporation is continuing concern for purposes of obtaining basic coverage under health care provider insurance availability act
- Section 40-3421 - Reports by insurers of claims and actions, confidentiality; failure to report, civil penalty; liability of insurers in civil actions
- Section 40-3422 - Appeal bond
- Section 40-3423 - Annuities purchased by fund
- Section 40-3424 - Fund liability for judgments or settlements against inactive healthcare providers
- Section 40-3425 - Fund not liable for certain claims