2014 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 40 - Health Care Malpractice Insurance 40.40-075 Medical malpractice insurance for charitable health care providers -- Scope of coverage -- Premiums -- Registration of providers -- Review -- Availability of information.
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304.40-075 Medical malpractice insurance for charitable health care providers
-- Scope of coverage -- Premiums -- Registration of providers -- Review -Availability of information.
(1)
(2)
(3)
As used in this section, unless the context requires otherwise:
(a) "Charitable health care provider" means any person, agency, clinic, or
facility licensed or certified by the Commonwealth, or under a comparable
provision of law of another state, territory, district, or possession of the
United States, engaged in the rendering of medical care or dentistry
without compensation or charge, and without expectation of
compensation or charge, to the individual, without payment or
reimbursement by any governmental agency or insurer. "Charitable health
care provider" means those persons, agencies, clinics, or facilities
providing primary care medicine and performing no invasive or surgical
procedures, and those persons, agencies, clinics, or facilities providing
services within the dentist's scope of practice under KRS Chapter 313;
(b) "Medical malpractice insurer" means every person or entity engaged as
principal and as indemnitor, surety, or contractor in the business of
entering into contracts to provide medical professional liability insurance,
except an entity in the business of providing such medical professional
liability insurance only to itself or its affiliated subsidiary, or parent
corporation, or subsidiaries of its parent corporations; and
(c) "Medical professional liability insurance" means insurance to cover
liability incurred as a result of the hands-on providing of medical
professional services directly to patients by an insured in the treatment,
diagnosis, or prevention of patient illness, disease, or injury.
Insurers offering medical professional liability insurance in the Commonwealth
shall make available, as a condition of doing business in the Commonwealth
pursuant to this chapter, medical professional liability insurance for charitable
health care providers and persons volunteering to perform medical services for
charitable health care providers, with the same coverage limits made available
to its other insureds.
(a) Premiums for policies issued under subsection (2) of this section shall be
paid by the Commonwealth from the general fund upon written application
for payment of the premium by the health care provider wishing to offer
charitable services. A health care provider shall submit an application for
payment of premium to the Department of Insurance no later than one (1)
year from the expiration of the policy for which payment is being
requested.
(b) The Department of Insurance shall, through promulgation of
administrative regulations pursuant to KRS Chapter 13A, establish
reasonable guidelines for the registration of charitable health care
providers. The guidelines shall require the provider to supply, at a
minimum, the following information:
1.
Name and address of the charitable health care provider;
2.
Number of employees of the charitable health care provider who will
be rendering medical care without compensation or charge and
(4)
(5)
(6)
(7)
(8)
without expectation of compensation or charge, and who will be
covered under the policy issued under subsection (2) of this section;
3.
The expected number of patients to be provided charitable health
care services in the year for which the insurer will offer malpractice
coverage;
4.
The charitable health care provider's acknowledgment that the
insurer's risk management and loss prevention policies shall be
followed;
5.
A copy of the registration filed with the Cabinet for Health and
Family Services under KRS 216.941; and
6.
A copy of the medical malpractice policy, declaration page, and any
other documentation the commissioner may deem necessary to
determine the proper amount of premiums and taxes to be
reimbursed.
(c) Persons insured under this section shall be required to comply with the
same risk management and loss prevention policies which the insurer
imposes upon its other insureds.
(d) Any premium refund for medical professional liability insurance issued
under subsection (2) of this section received for any reason by the
charitable health care provider shall be promptly remitted to the
department for transmittal to the general fund.
This section shall only apply to charitable health care providers and persons
volunteering to perform medical services for charitable health care providers
who are not otherwise covered by any policy of medical professional liability
insurance for the charitable health care services provided, and that meet the
terms for eligibility established pursuant to this section.
Coverage offered to charitable health care providers and persons volunteering
at charitable health care providers shall be at least as broad as the coverage
offered by the insurer to other noncharitable health care providers or facilities
and to medical professionals working at noncharitable health care facilities.
The Department of Insurance shall retrospectively review on an annual basis
the premiums paid pursuant to this section as opposed to the expenses
incurred by the insurers covering risks under this section to determine if the
profits made for those risks were consistent with reasonable loss ratio
guidelines. If the determination is made that the profits were not consistent with
reasonable loss ratio guidelines, the Department of Insurance shall determine
the amount of the premiums to be refunded to the Commonwealth.
The Cabinet for Health and Family Services shall make available to the
Department of Insurance information on its registration of charitable health care
providers for the purpose of obtaining medical malpractice insurance.
The Department of Insurance shall not provide medical malpractice insurance
as specified in subsection (3)(a) of this section to a charitable health care
provider who has not registered with the Cabinet for Health and Family
Services under KRS 216.941.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1539, effective July 15, 2010; and
ch. 166, sec. 12, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99,
sec. 580, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 62, sec. 2,
effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 351, sec. 13, effective
July 15, 2002. -- Amended 2000 Ky. Acts ch. 64, sec. 3, effective July 14, 2000.
-- Amended 1998 Ky. Acts ch. 505, sec. 6, effective July 15, 1998. -- Created
1996 Ky. Acts ch. 348, sec. 1, effective July 15, 1996.
Legislative Research Commission Note (7/15/2010). This section was amended
by 2010 Ky. Acts chs. 24 and 166, which do not appear to be in conflict and
have been codified together.
Legislative Research Commission Note (7/15/2010). A reference to the "Office of
Insurance" in subsection (3) of this section, as amended by 2010 Ky. Acts
ch. 166, sec. 12, has been changed in codification to the "Department of
Insurance" to reflect the reorganization of certain parts of the Executive Branch,
as set forth in Executive Order 2010-535 and confirmed by the General
Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of
Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.
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