Kansas Statutes
Article 34 - Healthcare Provider Insurance
40-3419 Title of act.

40-3419. Title of act. K.S.A. 40-3401 et seq., and amendments thereto, shall be known and may be cited as the health care provider insurance availability act.
History: L. 1976, ch. 231, § 19; L. 2014, ch. 56, § 18; July 1.

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.