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Explanation, Application and
Description of Procedure Number:
1.
Determine the Number of HCSF Compliance Years (for Fund
Class Groups 1 through 21): Find the number of years the
health care provider has been rendering professional
services in Kansas and complying with the Health Care
Stabilization Fund (not including time spent in postgraduate
training programs approved by the Board of Healing
Arts).
2.
Select Fund Coverage Limits: Health care providers
complying with the Fund for the first time must select of one of the
Fund coverage limits and sign the initial
Notice of Basic Coverage Form (PDF
version)
A subsequent selection of lower Fund
coverage limit requires the signature of the health care
provider on a
Request To
Decrease Fund Coverage Limits form (PDF
version).
Increasing Fund Coverage Limits: Requires the submission
of a signed
Request
To Increase Health Care Stabilization Fund Coverage Limits (PDF
version) to the Fund Board of Governors.
These requests will be reviewed by the Board of Governors and the
health care provider will receive notification if their request is
approved and other relevant information regarding their approved higher
Fund coverage limit.
3.
Modification of the Annual Dollar Surcharge Rates is
permitted for the following purposes only:
- Pro-rata basis for policy periods
of less than one year. Pro-rata adjustment will be based
on an annual period of 365 days—do not make any
adjustments for policy periods which include the
leap-year day of February 29.
- Part-time practice credits may be
applied to the annual dollar surcharge rates on the same
or similar basis as may be approved for the basic
professional liability insurer.
- Missouri
Practice Modification Factor:
An additional surcharge amount equal to 20% of the annual
dollar surcharge rate shall be added to the surcharge
payment of the Kansas resident health care provider who
is licensed (registered, etc.) and renders professional services in
Missouri.
The nature of the modification to the
annual dollar surcharge rate for individual health care
providers must be identified and explained on the Notice of
Basic Coverage form submitted by the professional liability
insurer.
4.
Rounding Rule For All Surcharge Payments: All surcharge
payments shall be rounded to the nearest whole dollar
amount. Amounts of 49 cents or less shall be rounded down to
the next lowest whole dollar. Amounts of 50 cents or more
shall be rounded up to the next highest whole
dollar.
5.
A Minimum $10 Fund Surcharge Payment Per Compliance Period
Required. The minimum surcharge is applicable to all Fund
compliance periods, including short-term policy periods and
surcharge refund adjustments due to mid-term cancellation or
termination of existing Fund compliance periods.
6.
Fund Class Group 21 is to be utilized for any other health
care provider defined in K.S.A. 40-3401(f) and not otherwise
classified in Fund Class Groups 1 through 20. If there is
any question regarding the proper classification of a health
care provider, please contact your insurance company or the
Fund.
7.
Fund Surcharge Rating for Authorized Self-Insured Health
Care Providers: Fund surcharge payments for health care
providers who have been issued a Certificate of Basic
Professional Liability Self-Insurance in accordance with
K.S.A. 40-3414 will continue to be an amount equal to a
percentage of the amount the self-insurer would pay for the
basic coverage as calculated in accordance with the rating
procedures of the Health Care Provider Insurance
Availability Plan.
8.
Health care providers who completed an approved Kansas
postgraduate training program and participated in outside
moonlighting activities for which basic professional
liability insurance “moonlighting” coverage was
obtained from the Health Care Provider Insurance
Availability Plan may choose one of the following when
beginning their first year of Kansas private practice Fund
compliance:
8.1.
Continue their Fund surcharge rating based on all prior
moonlighting compliance periods and count those
moonlighting compliance periods towards meeting the five
year compliance requirement for attaining the Fund’s
tail coverage; OR
8.2.
Restart their Fund surcharge rating based on the date the
health care provider begins their Kansas private practice
after completing their postgraduate training program.
Health care providers choosing this option will agree by
written statement that prior moonlighting compliance
periods will not count toward meeting the five year
compliance requirement for attaining the Fund’s tail
coverage.
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