If you are a Kansas resident health care provider and maintain a separate professional liability policy for your locum tenens assignment it is important to note that both professional policies are required to provide coverage for all services rendered. Each policy pursuant to K.S.A. § 40-3402 is required to provide prior acts coverage.
A non-resident health care provider who will participate in a locum tenens assignment must comply with the Health Care Provider Insurance Availability Act for excess coverage. The health care provider must complete a non-resident application. A copy of the “Non-resident Certification” form may be downloaded from the forms page.
The primary liability policy carrier must be authorized to write professional liability insurance in Kansas or must provide a signed “Declaration of Compliance” form to the Health Care Stabilization Fund (HCSF) which confirms 1.) that they will provide the required $200,000/$600,000 level of primary coverage and 2). are aware that they are responsible for any and all Kansas prior acts.
Important Points to Remember
A self insurance policy provided by an employer will not satisfy the basic coverage requirement in Kansas.
A primary policy with coverage exceeding the basic $200,000/$600,000 (as required) does not exempt a health care provider from participation in the Fund.
If a health care provider is unable to secure a basic policy, he or she may need to have the insurance agent contact the Kansas Availability Plan for assistance.
Termination of Assignment
The health care provider should contact the appropriate Kansas licensing agency to discuss the status of his or her license.
If you are considering serving as a Locum Tenens in Kansas contact the Fund Compliance Section to ensure compliance with the Health Care Provider Insurance Availability Act.