Kansas Statutes
Article 34 - Healthcare Provider Insurance
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.

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. (a) Any action for personal injury or death arising out of the rendering of or the failure to render professional services by any health care provider or inactive health care provider shall be maintained against such health care provider or inactive health care provider. No claimant shall have any right of action directly against the fund. No claimant shall have any right of action under this act directly against an insurer.
(b) Evidence that a portion of any verdict would be payable from insurance or the fund shall be inadmissible in any such action.
(c) Nothing in this act shall be construed to impose any liability in the fund in excess of that specifically provided for in this act for negligent failure to settle a claim or for failure to settle a claim in good faith.
(d) The fund shall have no obligations whatsoever for payment for punitive damages.
(e) The fund shall not be liable to pay amounts due from a judgment against an inactive health care provider arising from the rendering of professional services as a health care provider contrary to the provisions of this act.
(f) Any action for damages or for approval of a settlement as set forth in K.S.A. 40-3409, 40-3410 or 40-3411, and amendments thereto, shall be brought in a court of appropriate jurisdiction and venue.
History: L. 1976, ch. 231, § 12; L. 2014, ch. 56, § 14; July 1.

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Structure Kansas Statutes

Kansas Statutes

Chapter 40 - Insurance

Article 34 - Healthcare Provider Insurance

40-3401 Definitions.

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; c...

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; paym...

40-3403a Termination of fund coverage; equivalent insurance required.

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.

40-3404 Annual premium surcharge; collection by insurer; penalty for failure of insurer to comply; basis of amount of premium surcharge.

40-3406 Investment of health care stabilization fund moneys.

40-3407 Payments from fund; claim payments.

40-3407a Same; expenditures irrespective of time liability incurred or judgment or settlement made.

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.

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 a...

40-3410 Negotiation of amount of claim to be paid from fund; settlement; procedure for court approval.

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.

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.

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 ac...

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 e...

40-3415 Consultation and assistance in maintaining compliance with act.

40-3416 Report of suspected violations to regulatory agencies; investigation; report to attorney general; injunctive relief.

40-3417 Rules and regulations.

40-3418 Severability of act.

40-3418a Severability of act.

40-3419 Title of act.

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.

40-3421 Reports by insurers of claims and actions, confidentiality; failure to report, civil penalty; liability of insurers in civil actions.

40-3422 Appeal bond.

40-3423 Annuities purchased by fund.

40-3424 Fund liability for judgments or settlements against inactive healthcare providers.

40-3425 Fund not liable for certain claims.