2015 Kentucky Revised Statutes
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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.
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
(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
(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:
Name and address of the charitable health care provider;
Number of employees of the charitable health care provider who will be
rendering medical care without compensation or charge and without
expectation of compensation or charge, and who will be covered under
the policy issued under subsection (2) of this section;
The expected number of patients to be provided charitable health care
services in the year for which the insurer will offer malpractice
The charitable health care provider's acknowledgment that the insurer's
risk management and loss prevention policies shall be followed;
A copy of the registration filed with the Cabinet for Health and Family
Services under KRS 216.941; and
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
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
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,
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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