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Because all health care
providers are required to comply with the Fund law, the Fund
has a reasonable opportunity to be maintained on an
actuarial sound basis. If participation in the Fund was an
option to health care providers, there would be a
significant chance for the Fund to become the insurer of
only the most high risk health care
providers.
From an actuarial view
point, the collective Kansas professional liability is
manageable because the risk of the few practitioners for
which there are loss payments is spread to the maximum
number of health care providers.
This requirement
applies to Kansas resident and non-resident health care
providers. Frequently non-resident health care providers
express their frustration with this Kansas requirement
because they feel that they are adequately protected by the
professional liability coverage they are already maintaining
in their home state. The requirement for non-residents can
not be modified by the Board or the Fund staff.
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