Does Basic Professional Liability Insurance And Fund
Coverage Also Cover Other Individuals?
The Fund affords professional liability coverage for only defined health care providers. As stated in the Fund law the definition of professional liability insurance reads, “. . . insurance providing coverage for legal liability arising out of the performance of professional services rendered or which should have been rendered by a health care provider.”
Some insurers may make available an additional coverage limit for the health care provider’s medical assistants and non-health care provider employees. How Is Continuing "Tail" Coverage From The Fund Obtained?
A health care provider who maintains private practice compliance with the Health Care Stabilization Fund for five or more years and then becomes an inactive Kansas health care provider is eligible for the Fund's continuing coverage without any additional surcharge payment. This continuing Fund coverage (often referred to as the Fund's "tail" coverage) affords coverage for future claims or suits made against an inactive health care provider for professional services rendered while the health care provider was in compliance with the Fund law.
Health care providers with compliance periods of less than the required five year period may obtain the Fund's continuing tail coverage by paying an additional Fund surcharge amount within thirty days of becoming an inactive Kansas health care provider. The additional surcharge cost varies with the individual's prior Fund compliance records. Please contact the Fund for assistance in calculating the cost of the Fund "tail" coverage.
Also, there is some additional "tail coverage" information
on the General Information Pages. How Does The Fund Become Aware of Suits And Claims Made Against Health Care Providers?
Plaintiffs filing a medical malpractice action against a defined health care provider in this state must serve a copy of the petition upon the Fund’s Board of Governors within ten days of filing the action. If any action is filed against a resident health care provider outside of this state, the health care provider or the health care provider's insurance company must notify the Board of Governors as soon as reasonably practical.
If a claim is made without formal legal action being filed, the provider should notify their insurance company and the Fund’s Claims Section as soon as reasonably possible.
All inactive health care providers should contact the Fund as soon as they have any notice of a claim, regardless of whether or not actual court proceedings have been commenced by the filing of a petition.
Any health care provider, active or inactive, who is sued outside of Kansas has an obligation to notify the Health Care Stabilization Fund.
How Does The Fund Defend Health Care Providers?
Active health care providers are afforded legal defense from their respective basic coverage insurer or the administrator of their self-insured program. If the claim or suit exceeds the basic coverage limits, the Health Care Stabilization Fund will continue to defend the health care provider. In most situations, the Fund continues the provider's defense with the same attorney utilized by the basic coverage insurer.
Inactive health care providers, whose basic coverage is no longer applicable to new claims and suits arising from their prior Fund compliance periods, who are qualified for the Fund tail coverage, rely on the Fund to appoint a defense attorney. Defense attorneys appointed by the Fund to defend actions against inactive providers are usually the same attorneys utilized by the basic coverage insurers.
If a health care provider has questions or concerns regarding the basic coverage insurer's defense or the Fund's defense activities relating to their specific claim or suit, the provider should contact the Fund's Claims Section at 785-291-3410.
What Are The Special Coverage For Individuals Engaged In UKMC Affiliated Postgraduate Training Programs And Who Also Participate In Moonlighting Activities?
Residents who engage in moonlighting activities which are not part of the residency training program should obtain specific basic professional liability insurance coverage for those activities. One of the few sources for this specific coverage is the Health Care Provider Insurance Availability Plan. Application for Fund tail coverage for moonlighting activities of residents is usually submitted when the postgraduate training is completed and the doctor is no longer rendering professional services as a Kansas health care provider.
What Happens After Completing A Kansas Postgraduate Training Program?
All Kansas postgraduate training programs approved by the
Kansas Board of Healing Arts provide continuing coverage for
any future claims or suits that may result from the
postgraduate training program. This continuing coverage is
provided without the necessity of the health care provider
satisfying the required five year compliance requirement.
Therefore, a doctor establishing private practice after
completing a Kansas postgraduate training program may obtain
the required basic professional liability insurance coverage
at a first year claims-made rate.
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