Terms Used In Kansas Statutes 40-3425

  • Charitable healthcare provider: means the same as defined in Kan. See Kansas Statutes 40-3401
  • Fund: means the healthcare stabilization fund established pursuant to Kan. See Kansas Statutes 40-3401
  • Healthcare provider: means a person licensed to practice any branch of the healing arts by the state board of healing arts, a person who holds a temporary permit to practice any branch of the healing arts issued by the state board of healing arts, a person engaged in a postgraduate training program approved by the state board of healing arts, a medical care facility licensed by the state of Kansas, a podiatrist licensed by the state board of healing arts, a health maintenance organization issued a certificate of authority by the commissioner, an optometrist licensed by the board of examiners in optometry, a pharmacist licensed by the state board of pharmacy, a licensed professional nurse who is authorized to practice as a registered nurse anesthetist, a licensed professional nurse who has been granted a temporary authorization to practice nurse anesthesia under Kan. See Kansas Statutes 40-3401
  • Professional services: means patient care or other services authorized under the act governing licensure of a healthcare provider. See Kansas Statutes 40-3401
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

(a) Notwithstanding any provision of article 34 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, to the contrary, the fund shall in no event be liable for any claim against a healthcare provider if:

(1) The healthcare provider’s liability for the incident giving rise to the claim is the result of professional services rendered as a charitable healthcare provider; or

(2) the healthcare provider’s liability for the incident giving rise to the claim is covered under the federal tort claims act pursuant to chapter 171 of title 28 of the United States code.

(b) This section shall be part of and supplemental to the healthcare provider insurance availability act.