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Your license status can be a factor in
your eligibility as a health care provider
Health care professionals
who are defined as a health care provider1 in
the Fund law and are rendering professional services in Kansas are required
to maintain basic coverage2 and participate in
the Health Care Stabilization Fund. This applies to health care providers
who are residents of Kansas and to non-resident health care providers who
are licensed and providing professional services in Kansas. It also applies
to Kansas medical care facilities, professional corporations of health care
providers and other entities that are included in the Fund law as defined
health care providers.
Active resident health care
providers, who are not an authorized self-insurer3,
obtain their basic professional liability insurance coverage from an
insurance company (or the Availability Plan4).
It is the responsibility of the insurance company to review the health care
provider’s application, determine the rating classification and collect the
health care provider’s Fund surcharge payment. The insurance company sends
the provider’s surcharge payment to the
Fund along with the health care provider’s basic professional liability
insurance documentation.
Active non-resident health care
providers who are rendering professional services in Kansas usually send
their basic professional liability insurance coverage documentation and
surcharge payment directly to the Fund. Active non-resident health care
providers are covered by the Fund for only their Kansas professional
services.
How Kansas Licensing Status
Impacts Defined Health Care Providers
Health care provider licensing
agencies may require, under their own licensing laws, that a defined health
care provider must, as a condition to being licensed, maintain the basic
professional liability insurance and Fund coverage.
Health Care Providers Whose
Licensing Agency is the State Board of Healing Arts
Individuals who have been issued
one of the following license by the State Board of Healing Arts are accepted
as health care providers for coverage from the Fund. These individuals who
are rendering professional services are required to comply with the Fund:
-
Medical Doctors (M.D.) — Active License or Temporary Permit
-
Doctors of Osteopathic Medicine (D.O.) — Active License or
Temporary Permit
-
Post Graduate License
-
Educational License
-
Institutional License
-
Visiting Professorship License
-
Chiropractor (D.C.) — Active License or Temporary Permit
-
Podiatrists
-
D.D.S.A. (a Dentist certified by the State Board of Healing
Arts to administer anesthetics under K.S.A. 65-2899)
Other
individuals holding one of the following State Board of Healing Arts license
are not accepted for coverage from the Fund:
Health Care Providers Whose
Licensing Agency is the State Board of Nursing
The only Fund health care
providers regulated by this licensing agency are Registered Nurse
Anesthetists, including a licensed professional nurse who has been granted a
temporary authorization to practice nurse anesthesia. Kansas Registered
Nurse Anesthetists, including those with temporary authorizations, and who
are rendering professional services are required to comply with the Fund.
Health Care Provider Facilities
Whose Licensing Agency is the
Department of Health and
Environment
General hospitals, special
hospitals, critical access hospitals, ambulatory surgical centers, and
recuperation centers are medical care facilities which are licensed by this
agency. Each licensed medical care facility are required to comply with the
Fund.
Health Care Provider Facilities
Whose Licensing Agency is the Secretary of Social And Rehabilitation
Services
This licensing agency issues
licenses for psychiatric hospitals, mental health centers and mental health
clinics as authorized by K.S.A. 75-3307b (not including any state
institution for the mentally retarded or any state psychiatric hospital).
Each of these licensed health care providers are required to comply with the
Fund.
Health Care Providers that are
included in the Fund law as being Kansas Professional Corporations,
Partnerships, Limited Liability Corporations and Not-for-Profit Corporations
Each of these entities which meets these definitions of a Kansas health care
provider that is providing professional services are required to comply with
the Fund:
-
a professional corporation
organized pursuant to the professional corporation law of Kansas by
persons who are authorized by such law to form such a corporation and who
are health care providers as defined by this subsection
-
a Kansas limited liability
company organized for the purpose of rendering professional services
by its members who are health care providers as defined by this subsection
and who are legally authorized to render the professional services for
which the limited liability company is organized
-
a Kansas not-for-profit
corporation organized for the purpose of rendering professional
services by persons who are health care providers as defined by this
subsection
-
a partnership of persons
who are health care providers under this subsection
Conclusions and additional
assistance available
The purpose of this article
is to assist health care providers in understanding the various licensing
terms that may be used in connection with individual health care providers
and also provide some information about the licensing agencies for other
health care providers. The most frequent confusion seems to involve doctors
who are licensed by the State Board of Healing Arts with a license that is
other than “active”.
There is additional
information regarding the definition of health care providers and contact
information for the health care provider licensing agencies included in the
Internet site maintained by the Fund (
http://www.hcsf.org).
Please contact the Fund if you should need additional information or desire
assistance with any issue that may be related to the Health Care
Stabilization Fund coverage.
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