Coverage for Insureds
What Coverage Is Provided By The Fund?
The Fund provides excess professional liability coverage for health care providers. The phrase “health care provider” is defined by K.S.A. 40-3401(f). Three different Fund excess coverage levels are available to health care providers. The coverage levels are as follows:
Each of the available Fund coverage limits are comprised of two dollar amounts. Using the highest Fund coverage as an example, the first dollar amount (e.g., $800,000) is the amount of coverage available per claim. The second dollar amount (e.g., $2,400,000) is the total aggregate amount of coverage available for all claims made during a Fund coverage year. Fund coverage limits are always excess over any other available professional liability coverage. Claim expenses and defense costs are covered by the Fund without any limitation. Additional information regarding Fund coverage can be obtained in the “General Information Brochure” which may be downloaded from the forms page. If a health care provider is interested in increasing or decreasing their limits please complete and submit the appropriate form to the Fund Compliance Section. A “Request to Decrease Fund Coverage” or a “Request to Increase Fund Coverage” may be downloaded from the forms page.
Fund Coverage Limit Explanations
- Active providers or inactive providers (eligible for Fund tail coverage) are provided coverage for claims arising from services rendered while the provider was in compliance with the Fund.
- Kansas resident health care providers who are in compliance with the Fund are provided coverage for services rendered inside and/or outside the State of Kansas.
- Non-resident health care providers in compliance with the Fund are provided coverage for services rendered in Kansas.
The Fund coverage limit is based on when the incident occurred, not when the claim was made or the suit was filed.
Is additional professional liability insurance beyond Fund coverage needed?
Excess professional liability insurance beyond the Fund coverage limits is an individual decision made by each health care provider and is available from most basic professional liability insurance companies. The excess professional liability insurance is usually provided on a claims made basis and health care providers should give careful consideration to the associated premium costs, including the cost of the excess policy’s “tail” coverage.