Kansas Statutes 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 govern…
Terms Used In Kansas Statutes 40-3409
- Board: means the board of governors created by Kan. See Kansas Statutes 40-3401
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fund: means the healthcare stabilization fund established pursuant to Kan. See Kansas Statutes 40-3401
- Healthcare provider: means a person licensed to practice any branch of the healing arts by the state board of healing arts, a person who holds a temporary permit to practice any branch of the healing arts issued by the state board of healing arts, a person engaged in a postgraduate training program approved by the state board of healing arts, a medical care facility licensed by the state of Kansas, a podiatrist licensed by the state board of healing arts, a health maintenance organization issued a certificate of authority by the commissioner, an optometrist licensed by the board of examiners in optometry, a pharmacist licensed by the state board of pharmacy, a licensed professional nurse who is authorized to practice as a registered nurse anesthetist, a licensed professional nurse who has been granted a temporary authorization to practice nurse anesthesia under Kan. See Kansas Statutes 40-3401
- Inactive healthcare provider: means a person or other entity who purchased basic coverage or qualified as a self-insurer on or subsequent to the effective date of this act but who, at the time a claim is made for personal injury or death arising out of the rendering of or the failure to render professional services by such healthcare provider, does not have basic coverage or self-insurance in effect solely because such person is no longer engaged in rendering professional service as a healthcare provider. See Kansas Statutes 40-3401
- Insurer: means any corporation, association, reciprocal exchange, inter-insurer and any other legal entity authorized to write bodily injury or property damage liability insurance in this state, including workers compensation and automobile liability insurance, pursuant to the provisions of the acts contained in article 9, 11, 12 or 16 ofchapter 40 of the Kansas Statutes Annotated, and amendments thereto. See Kansas Statutes 40-3401
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Professional services: means patient care or other services authorized under the act governing licensure of a healthcare provider. See Kansas Statutes 40-3401
- Self-insurer: means a healthcare provider who qualifies as a self-insurer pursuant to Kan. See Kansas Statutes 40-3401
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Summons: Another word for subpoena used by the criminal justice system.
(a) (1) In any action filed in this state for personal injury or death arising out of the rendering of or the failure to render professional services by any healthcare provider covered by the fund or any inactive healthcare provider covered by the fund, the plaintiff shall serve a copy of the petition upon the board of governors by registered mail, certified mail, priority mail, commercial delivery service or first class mail within 30 calendar days from filing the same, and if such service is not made the fund shall not be liable for any amount due from a judgment or a settlement nor, in such case, shall the healthcare provider or the provider’s insurer or the inactive healthcare provider or the provider’s insurer be liable for such amount that, if such service had been made, would have been paid by the fund; (2) in any action filed outside of this state for personal injury or death arising out of the rendering of or the failure to render professional services by any healthcare provider or any inactive healthcare provider covered by the fund, the inactive healthcare provider, the self-insurer or the insurer of a healthcare provider or an inactive healthcare provider shall notify the board of governors, as soon as it is reasonably practicable, that such summons or petition has been filed. If the petition names as a defendant in the action a healthcare provider who is licensed, registered or certified by the state board of healing arts, the board of governors shall forward a copy of the petition to the state board of healing arts.
(b) Such action shall be defended by the insurer or the self-insurer, but if the board of governors believes it to be in the best interests of the fund, the board of governors may employ independent counsel to represent the interests of the fund. The cost of employing such counsel shall be paid from the fund. The board of governors is authorized to employ independent counsel in any such action against an inactive healthcare provider covered by the fund.
(c) The attorneys of record and the board of governors shall submit to the state board of healing arts expert witness reports which have been made available to the opposing parties in the case and, upon the request of the state board of healing arts, any depositions, interrogatories, admissions or other relevant information concerning the case which has been made available to the opposing parties in the case shall also be submitted. The board of governors shall not be required to furnish information not in the possession of the board of governors. Any report or other information made available to the state board of healing arts in accordance with this subsection shall be subject to Kan. Stat. Ann. §§ 65-2898a and amendments thereto. Reasonable expenses incurred in reproducing such reports or other information shall be paid by the state board of healing arts.