Health Care Stabilization Fund Comments from Chip Wheelen

Hayden Parker

Passage of House Bill 2516 amended several sections in the Health Care Provider Insurance Availability Act. Most of these amendments become law July 1, 2014. Among the amendments, the definition of “health care provider” is expanded to include five new categories, three types of facilities and two professions. In order to allow sufficient time for these new health care providers to transition from their current insurance arrangements to the insurance requirements stipulated in the Availability Act, the Legislature deliberately delayed the effective date of the new definitions until January 1, 2015. This will allow at least six months for nursing facilities, assisted living facilities, residential health care facilities, physician assistants, and nurse-midwives to learn about the Availability Act and inform their insurers of any changes that may be necessary. The phrase "health care provider" is defined in K.S.A. 40-3401 and includes the following:


  • Physicians who have an active license or hold a temporary permit issued by the Kansas Board of Healing Arts,
  • Physicians engaged in a postgraduate training program which is approved by the Kansas Board of Healing Arts,
  • Chiropractors,
  • Podiatrists,
  • Nurse Anesthetists,
  • Medical Care Facilities (special hospitals, general hospitals, surgical centers, and recuperation centers),
  • Psychiatric Hospitals licensed prior to 1/1/1988,
  • Mental Health Clinics or Centers,
  • Dentists who have been certified by the Kansas Board of Healing Arts to administer anesthetics*,
  • Kansas not-for-profit corporations organized for the purpose of rendering professional services by persons who are defined health care providers*,
  • Kansas Professional Corporations or Partnerships created by defined health care providers*,
  • Kansas Limited Liability Companies organized for the purpose of rendering professional services by its members who are defined health care providers*,
  • Nonprofit corporations organized to administer the graduate medical education programs of community hospitals or medical care facilities affiliated with the University of Kansas School of Medicine,
  • Physician Assistants**,
  • Nurse-Midwives**,
  • Nursing Facilities**,
  • Assisted Living Facilities**, and
  • Residential Health Care Facilities**.


*These categories of providers are carefully reviewed to assure they meet the strict statutory criteria for HCSF participation.

**These categories of health care providers are defined as such in K.S.A. 40-3401 effective January 1, 2015.