KS
Kansas Senate Bill SB354

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB354 Compare Versions

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11 Session of 2024
22 SENATE BILL No. 354
33 By Committee on Public Health and Welfare
44 1-17
55 AN ACT concerning insurance; relating to the healthcare provider
66 insurance availability act; designating certain facilities where elective
77 abortions are performed as being ineligible to purchase professional
88 liability insurance from the healthcare stabilization fund; requiring such
99 facilities to maintain continuous professional liability coverage
1010 equivalent to that provided by the healthcare stabilization fund as a
1111 condition of licensure; amending K.S.A. 40-3401 and 40-3403a and
1212 repealing the existing sections.
1313 Be it enacted by the Legislature of the State of Kansas:
1414 Sec. 1. K.S.A. 40-3401 is hereby amended to read as follows: 40-
1515 3401. As used in this act:
1616 (a) "Applicant" means any healthcare provider.
1717 (b) "Basic coverage" means a policy of professional liability
1818 insurance required to be maintained by each healthcare provider pursuant
1919 to the provisions of K.S.A. 40-3402(a) or (b), and amendments thereto.
2020 (c) "Commissioner" means the commissioner of insurance.
2121 (d) "Fiscal year" means the year commencing on the effective date of
2222 this act and each year, commencing on the first day of July thereafter.
2323 (e) "Fund" means the healthcare stabilization fund established
2424 pursuant to K.S.A. 40-3403(a), and amendments thereto.
2525 (f) (1) "Healthcare provider" means a :
2626 (A) Person licensed to practice any branch of the healing arts by the
2727 state board of healing arts, a ;
2828 (B) person who holds a temporary permit to practice any branch of
2929 the healing arts issued by the state board of healing arts, a ;
3030 (C) person engaged in a postgraduate training program approved by
3131 the state board of healing arts, a ;
3232 (D) medical care facility licensed by the state of Kansas, a ;
3333 (E) podiatrist licensed by the state board of healing arts, a ;
3434 (F) health maintenance organization issued a certificate of authority
3535 by the commissioner, an ;
3636 (G) optometrist licensed by the board of examiners in optometry, a ;
3737 (H) pharmacist licensed by the state board of pharmacy, a ;
3838 (I) licensed professional nurse who is authorized to practice as a
3939 registered nurse anesthetist, a ;
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7676 (J) licensed professional nurse who has been granted a temporary
7777 authorization to practice nurse anesthesia under K.S.A. 65-1153, and
7878 amendments thereto, a ;
7979 (K) professional corporation organized pursuant to the professional
8080 corporation law of Kansas by persons who are authorized by such law to
8181 form such a corporation and who are healthcare providers as defined by
8282 this subsection, a ;
8383 (L) Kansas limited liability company organized for the purpose of
8484 rendering professional services by its members who are healthcare
8585 providers as defined by this subsection and who are legally authorized to
8686 render the professional services for which the limited liability company is
8787 organized, a ;
8888 (M) partnership of persons who are healthcare providers under this
8989 subsection, a ;
9090 (N) Kansas not-for-profit corporation organized for the purpose of
9191 rendering professional services by persons who are healthcare providers as
9292 defined by this subsection, a ;
9393 (O) nonprofit corporation organized to administer the graduate
9494 medical education programs of community hospitals or medical care
9595 facilities affiliated with the university of Kansas school of medicine, a ;
9696 (P) dentist certified by the state board of healing arts to administer
9797 anesthetics under K.S.A. 65-2899, and amendments thereto, a ;
9898 (Q) psychiatric hospital licensed prior to January 1, 1988, and
9999 continuously thereafter under K.S.A. 2015 Supp. 75-3307b, prior to its
100100 repeal, and K.S.A. 39-2001 et seq., and amendments thereto, or a mental
101101 health center or mental health clinic licensed by the state of Kansas. On
102102 and after January 1, 2015, "healthcare provider" also means a ;
103103 (R) physician assistant licensed by the state board of healing arts, a ;
104104 (S) licensed advanced practice registered nurse who is authorized by
105105 the board of nursing to practice as an advanced practice registered nurse in
106106 the classification of a nurse-midwife, a ;
107107 (T) licensed advanced practice registered nurse who has been granted
108108 a temporary authorization by the board of nursing to practice as an
109109 advanced practice registered nurse in the classification of a nurse-midwife,
110110 a ;
111111 (U) nursing facility licensed by the state of Kansas, an ;
112112 (V) assisted living facility licensed by the state of Kansas; or a
113113 (W) residential healthcare facility licensed by the state of Kansas.
114114 (2) "Healthcare provider" does not include:
115115 (1)(A) Any state institution for people with intellectual disability;
116116 (2)(B) any state psychiatric hospital;
117117 (3)(C) any person holding an exempt license issued by the state
118118 board of healing arts or the board of nursing;
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162162 (4)(D) any person holding a visiting clinical professor license from
163163 the state board of healing arts;
164164 (5)(E) any person holding an inactive license issued by the state
165165 board of healing arts;
166166 (6)(F) any person holding a federally active license issued by the
167167 state board of healing arts;
168168 (7)(G) an advanced practice registered nurse who is authorized by
169169 the board of nursing to practice as an advanced practice registered nurse in
170170 the classification of nurse-midwife or nurse anesthetist and who practices
171171 solely in the course of employment or active duty in the United States
172172 government or any of its departments, bureaus or agencies or who
173173 provides professional services as a charitable healthcare provider as
174174 defined under K.S.A. 75-6102, and amendments thereto; or
175175 (8)(H) a physician assistant licensed by the state board of healing arts
176176 who practices solely in the course of employment or active duty in the
177177 United States government or any of its departments, bureaus or agencies or
178178 who provides professional services as a charitable healthcare provider as
179179 defined under K.S.A. 75-6102, and amendments thereto; or
180180 (I) any facility where elective abortions, as defined in K.S.A. 65-
181181 4a01, and amendments thereto, are performed.
182182 (g) "Inactive healthcare provider" means a person or other entity who
183183 purchased basic coverage or qualified as a self-insurer on or subsequent to
184184 the effective date of this act but who, at the time a claim is made for
185185 personal injury or death arising out of the rendering of or the failure to
186186 render professional services by such healthcare provider, does not have
187187 basic coverage or self-insurance in effect solely because such person is no
188188 longer engaged in rendering professional service as a healthcare provider.
189189 (h) "Insurer" means any corporation, association, reciprocal
190190 exchange, inter-insurer and any other legal entity authorized to write
191191 bodily injury or property damage liability insurance in this state, including
192192 workers compensation and automobile liability insurance, pursuant to the
193193 provisions of the acts contained in article 9, 11, 12 or 16 of chapter 40 of
194194 the Kansas Statutes Annotated, and amendments thereto.
195195 (i) "Plan" means the operating and administrative rules and
196196 procedures developed by insurers and rating organizations or the
197197 commissioner to make professional liability insurance available to
198198 healthcare providers.
199199 (j) "Professional liability insurance" means insurance providing
200200 coverage for legal liability arising out of the performance of professional
201201 services rendered or that should have been rendered by a healthcare
202202 provider.
203203 (k) "Rating organization" means a corporation, an unincorporated
204204 association, a partnership or an individual licensed pursuant to K.S.A. 40-
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248248 956, and amendments thereto, to make rates for professional liability
249249 insurance.
250250 (l) "Self-insurer" means a healthcare provider who qualifies as a self-
251251 insurer pursuant to K.S.A. 40-3414, and amendments thereto.
252252 (m) "Medical care facility" means the same when used in the
253253 healthcare provider insurance availability act as defined in K.S.A. 65-425,
254254 and amendments thereto, except that as used in the healthcare provider
255255 insurance availability act such term, as it relates to insurance coverage
256256 under the healthcare provider insurance availability act, also includes any
257257 director, trustee, officer or administrator of a medical care facility.
258258 (n) "Mental health center" means a mental health center licensed by
259259 the state of Kansas under K.S.A. 39-2001 et seq., and amendments thereto,
260260 except that as used in the healthcare provider insurance availability act
261261 such term, as it relates to insurance coverage under the healthcare provider
262262 insurance availability act, also includes any director, trustee, officer or
263263 administrator of a mental health center.
264264 (o) "Mental health clinic" means a mental health clinic licensed by
265265 the state of Kansas under K.S.A. 39-2001 et seq., and amendments thereto,
266266 except that as used in the healthcare provider insurance availability act
267267 such term, as it relates to insurance coverage under the healthcare provider
268268 insurance availability act, also includes any director, trustee, officer or
269269 administrator of a mental health clinic.
270270 (p) "State institution for people with intellectual disability" means
271271 Winfield state hospital and training center, Parsons state hospital and
272272 training center and the Kansas neurological institute.
273273 (q) "State psychiatric hospital" means Larned state hospital,
274274 Osawatomie state hospital and Rainbow mental health facility.
275275 (r) "Person engaged in residency training" means a person engaged
276276 in a postgraduate training program approved by the state board of healing
277277 arts who:
278278 (1) A person engaged in a postgraduate training program approved by
279279 the state board of healing arts who Is employed by and is studying at the
280280 university of Kansas medical center only when such person is engaged in
281281 medical activities that do not include extracurricular, extra-institutional
282282 medical service for which such person receives extra compensation and
283283 that have not been approved by the dean of the school of medicine and the
284284 executive vice-chancellor of the university of Kansas medical center.
285285 Persons engaged in residency training shall be considered resident
286286 healthcare providers for purposes of K.S.A. 40-3401 et seq., and
287287 amendments thereto; and
288288 (2) a person engaged in a postgraduate training program approved by
289289 the state board of healing arts who Is employed by a nonprofit corporation
290290 organized to administer the graduate medical education programs of
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334334 community hospitals or medical care facilities affiliated with the university
335335 of Kansas school of medicine or who is employed by an affiliate of the
336336 university of Kansas school of medicine as defined in K.S.A. 76-367, and
337337 amendments thereto, only when such person is engaged in medical
338338 activities that do not include extracurricular, extra-institutional medical
339339 service for which such person receives extra compensation and that have
340340 not been approved by the chief operating officer of the nonprofit
341341 corporation or the chief operating officer of the affiliate and the executive
342342 vice-chancellor of the university of Kansas medical center.
343343 (s) "Full-time physician faculty employed by the university of Kansas
344344 medical center" means a person licensed to practice medicine and surgery
345345 who holds a full-time appointment at the university of Kansas medical
346346 center when such person is providing healthcare. A person licensed to
347347 practice medicine and surgery who holds a full-time appointment at the
348348 university of Kansas medical center may also be employed part-time by
349349 the United States department of veterans affairs if such employment is
350350 approved by the executive vice-chancellor of the university of Kansas
351351 medical center.
352352 (t) "Sexual act" or "sexual activity" means that sexual conduct that
353353 constitutes a criminal or tortious act under the laws of the state of Kansas.
354354 (u) "Board" means the board of governors created by K.S.A. 40-3403,
355355 and amendments thereto.
356356 (v) "Board of directors" means the governing board created by K.S.A.
357357 40-3413, and amendments thereto.
358358 (w) "Locum tenens contract" means a temporary agreement not
359359 exceeding 182 days per calendar year that employs a healthcare provider
360360 to actively render professional services in this state.
361361 (x) "Professional services" means patient care or other services
362362 authorized under the act governing licensure of a healthcare provider.
363363 (y) "Healthcare facility" means a nursing facility, an assisted living
364364 facility or a residential healthcare facility as all such terms are defined in
365365 K.S.A. 39-923, and amendments thereto.
366366 (z) "Charitable healthcare provider" means the same as defined in
367367 K.S.A. 75-6102, and amendments thereto.
368368 Sec. 2. K.S.A. 40-3403a is hereby amended to read as follows: 40-
369369 3403a. Any health care healthcare provider whose fund coverage has been
370370 terminated under subsection (i) of K.S.A. 40-3403(i), and amendments
371371 thereto, and any facility described under K.S.A. 40-4301(f)(2)(I), and
372372 amendments thereto, shall, as a condition of licensure, maintain continuous
373373 professional liability insurance coverage equivalent to that provided by the
374374 fund and shall submit to the board of governors satisfactory proof of such
375375 coverage, as required by the board.
376376 Sec. 3. K.S.A. 40-3401 and 40-3403a are hereby repealed.
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420420 Sec. 4. This act shall take effect and be in force from and after its
421421 publication in the statute book.
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