Active vs Inactive Health Care Providers

Active and inactive are terms used in the Health Care Provider Insurance Availability Act to establish when and how Fund coverage applies to claims or lawsuits asserted against a health care provider.

• Active health care providers are those individuals, facilities, and entities with an active license or other statutory authorization to render professional services who maintain basic professional liability insurance. For active health care providers, the Fund coverage is excess of the primary policy.
• Inactive health care providers are those individuals who no longer maintain basic professional liability insurance because they no longer have an active license or other statutory authorization to render professional services as a Kansas health care provider. The Fund provides first dollar defense coverage, when necessary, for eligible inactive health care providers.

Health care providers who become inactive are provided Fund “tail” coverage without any additional cost for those periods of compliance when the health care provider met the definition of active health care provider. The amount of tail coverage (limit) is equal to the selected level of HCSF coverage at the time of the incident that resulted in a claim against the health care provider, plus the minimum required basic coverage.