§ 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; contents of
§ 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
§ 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 action file
§ 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 act; governi
§ 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
§ 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
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Terms Used In Kansas Statutes > Chapter 40 > Article 34 - Healthcare Provider Insurance

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means any healthcare provider. See Kansas Statutes 40-3401
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Basic coverage: means a policy of professional liability insurance required to be maintained by each healthcare provider pursuant to the provisions of Kan. See Kansas Statutes 40-3401
  • Board: means the board of governors created by Kan. See Kansas Statutes 40-3401
  • Board of directors: means the governing board created by Kan. See Kansas Statutes 40-3401
  • Charitable healthcare provider: means the same as defined in Kan. See Kansas Statutes 40-3401
  • Commissioner: means the commissioner of insurance. See Kansas Statutes 40-3401
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fiscal year: means the year commencing on the effective date of this act and each year, commencing on the first day of July thereafter. See Kansas Statutes 40-3401
  • Fund: means the healthcare stabilization fund established pursuant to Kan. See Kansas Statutes 40-3401
  • Healthcare facility: means a nursing facility, an assisted living facility or a residential healthcare facility as all such terms are defined in 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Locum tenens contract: means a temporary agreement not exceeding 182 days per calendar year that employs a healthcare provider to actively render professional services in this state. See Kansas Statutes 40-3401
  • Medical care facility: means the same when used in the healthcare provider insurance availability act as defined in Kan. See Kansas Statutes 40-3401
  • Mental health center: means a mental health center licensed by the state of Kansas under Kan. See Kansas Statutes 40-3401
  • Mental health clinic: means a mental health clinic licensed by the state of Kansas under Kan. See Kansas Statutes 40-3401
  • Minority leader: See Floor Leaders
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person engaged in residency training: means :

    (1) A person engaged in a postgraduate training program approved by the state board of healing arts who is employed by and is studying at the university of Kansas medical center only when such person is engaged in medical activities that do not include extracurricular, extra-institutional medical service for which such person receives extra compensation and that have not been approved by the dean of the school of medicine and the executive vice-chancellor of the university of Kansas medical center. See Kansas Statutes 40-3401

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means the operating and administrative rules and procedures developed by insurers and rating organizations or the commissioner to make professional liability insurance available to healthcare providers. See Kansas Statutes 40-3401
  • Professional liability insurance: means insurance providing coverage for legal liability arising out of the performance of professional services rendered or that should have been rendered by a healthcare provider. See Kansas Statutes 40-3401
  • Professional services: means patient care or other services authorized under the act governing licensure of a healthcare provider. See Kansas Statutes 40-3401
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Rating organization: means a corporation, an unincorporated association, a partnership or an individual licensed pursuant to Kan. See Kansas Statutes 40-3401
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
  • State institution for people with intellectual disability: means Winfield state hospital and training center, Parsons state hospital and training center and the Kansas neurological institute. See Kansas Statutes 40-3401
  • State psychiatric hospital: means Larned state hospital, Osawatomie state hospital and Rainbow mental health facility. See Kansas Statutes 40-3401
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.