Health Care Provider Insurance Availability Act — Summary Timeline

1976 — Kansas Legislature enacted the original version of the Health Care Provider Insurance Availability Act, which created the Health Care Stabilization Fund (HCSF). The Availability Act requires that all health care providers, as defined in the Act, purchase professional liability insurance and participate in the HCSF by paying a surcharge on their premiums as a condition of active licensure in Kansas. To accommodate those doctors who are not able to buy commercial insurance coverage, a joint underwriting association was created as the Health Care Provider Insurance Availability Plan.

1984 — Legislature enacted a number of significant amendments to the original Availability Act, including:

• • Imposed a limit on the amount that could be recovered from the HCSF.
  • Established a Board of Governors to advise the Commissioner of Insurance.
  • Removed the statutory limit on the Fund’s balance.
  • Prescribed that premium surcharges should be based on estimated accrued liabilities.

1992 — The HCSF was considered actuarially balanced and premium surcharges were reduced accordingly.

1994 — Legislature removed the HCSF as a direct branch of the Insurance Department.

1995 — The HCSF was made an independent state agency and a Board of Governors was formed. Board members are appointed by the Commissioner of Insurance. The Board of Governors then appoints an Executive Director, who manages the day-to-day operations of the agency.