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The September 2004 Issue

Dr. Mark A. Praeger, Dr. James V. Rider complete their Health Care Stabilization Fund Board of Governors appointments

Our Fund Board of Governors membership changed on July 1, 2004.  Dr. Praeger, who was first appointed to the Board of Governors on July 1, 1994 and had been the Board Chairperson since July, 1995, completed his “term limit” as provided for in the 1994 legislation that separated the Fund from the Kansas Insurance Department.  Dr. Rider began his service on the Fund Board of Governors in September, 1994.  He was serving as the Vice-Chairperson of the Board.  (The new Chairperson is Dr. Arthur D. Snow, Jr. and the new Vice-Chairperson is Mr. Larry Shaffer.)

Dr. Praeger and Dr. Rider brought many years of “Fund” knowledge and professional management experience to the operation of the Fund by the Board of Governors.  It was during their terms of office the Fund re-established itself as a separate state agency, reformed its methods of investing the Fund balance, changed to the current surcharge rating system, began publishing regular newsletters, avoided having the Fund transferring part of its money to the State General Fund and many other matters relating to the administration and operation of the Fund.  The most significant accomplishment during this period likely went unnoticed by many.  That defining accomplishment is the stability in the surcharge rates for physicians, surgeons, registered nurse anesthetists, hospitals, chiropractors, and podiatrists since July 1, 2001.  This period of stability took place even while the basic coverage markets were increasing their premium costs and while many other states were suffering from availability problems.  Dr. Praeger and Dr. Rider provided the leadership for these accomplishments and achievements since 1994.  ] 

 

New Board members appointed by the Insurance Commissioner

 Each member of the Health Care Stabilization Fund Board of Governors is appointed by the Kansas Insurance Commissioner.  Nominees for the Fund Board are submitted to the Insurance Commissioner by the medical society and professional associations of health care providers.  Effective July 1, 2004, Dr. Jimmie A. Gleason, nominated by the Kansas Medical Society, and Dr. Deborah M. Burns, nominated by the Kansas Association of Osteopathic Medicine, were appointed to the Fund Board for a four year term of office.

Dr. Gleason is a  retired Topeka OB/GYN specialist who participated in the meetings to establish the Fund and was also instrumental in the creation of the Kansas Medical Mutual Insurance Company.  Dr. Gleason’s involvement with the Fund as a member of the Board of Governors will benefit our health care providers with his practical experience as a practicing OB/GYN specialist, his prior experience with establishment of the Fund and his first hand knowledge of setting-up and operating a medical professional liability insurance company.

Dr. Burns is the Medical Coordinator of the Emporia State University Student Health Center and has previously worked as an emergency medicine physician in various emergency departments.

Julie Quirin, President and CEO, St. Luke’s South Hospital, Overland Park and Steve Clifton, CRNA, Topeka were reappointed to the Board by the Insurance Commissioner.

If you have questions or wish additional information regarding Board member appointments, please contact Bob Hayes, Executive Director of the Fund.  ]

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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:

  • Exempt License

  • Visiting Clinical Professor License

  • Inactive License

  • Special Permit (out-of-phase)

  • Military License

  • Federal Active License

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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1The term health care provider is defined in the Fund law.  The information provided in this article is intended to be generally accurate; however, the actual provisions set forth in the Fund law will be precedent to this article.

2Basic Coverage Means a policy of professional liability insurance as specified and required in the Fund law.  For most health care providers basic coverage will be a claims made professional liability insurance policy that is providing $200,000 per claims with annual aggregate coverage limit of $600,000 for all claims made against the health care provider during the policy year.

3Self-insurance has two forms under the Fund law.  The principle kind of self-insured health care provider is a hospital that has applied to and been approved by the Fund Board of Governors.  This is a very specific process.  The other type of self-insured health care providers are the KU, WCGME and certain other graduate medical education programs of community hospitals or medical care facilities affiliated with the University of Kansas School of Medicine.  Contact the Fund for additional information regarding authorized health care provider self-insurance program.

4Availability Plan means the Health Care Provider Insurance Availability Plan which provides the basic coverage for those health care providers who cannot obtain the coverage from an authorized insurance company.

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