Health Care Stabilization Fund Webinar, June 18, 10:00am-11:30am and Comments from Chip Wheelen


With the passage of House Bill 2516, there are big changes coming regarding your insurance coverage. We’re bringing the experts together to discuss the changes to the Liability Insurance Law and Purchasing, as it applies to Kansas nursing homes, assisted living organizations and residential health care. The webinar will be held on June 18, 2014 from 10:00-11:30 AM. Presenters include:
· Chip Wheelen, Executive Director, Health Care Stabilization Fund
· Rita Noll, Deputy Director and Chief Attorney, Health Care Stabilization Fund
· Kevin McFarland, President, KING
· Rachel Monger, Director of Government Affairs, LeadingAge Kansas
· Garen Cox, President and CEO, Medicalodges, Inc.

Register now for the webinar! *Note there is a $25 fee*


In preparation for the June 18 Webinar, read the fifth set of comments from Chip Wheelen below.


Kansas Resident Health Care Providers

Health care providers who are legal residents of Kansas and have an active Kansas license, as well as health care providers that are licensed facilities located in Kansas, are required to maintain the minimum basic professional liability coverage as a condition of active licensure.  In addition, they are required to participate in the Fund.  The primary insurance carrier collects the provider's payment for the professional liability insurance coverage and remits the premium surcharge to the Fund without any reductions for commissions, collection or processing expenses.

The primary insurer is responsible for calculating the provider's premium surcharge based on the Fund coverage limit selected by the provider, the rating classification code of the provider and the number of years the provider has been in compliance with the Fund.

 Approximately twenty five commercial insurance companies and risk retention groups offer medical professional liability coverage in Kansas. Some of these insurers offer coverage only to a specific profession or specialty. If coverage is not available through a primary carrier, the provider can apply for coverage offered by the Health Care Provider Insurance Availability Plan.  Providers should contact their agent for information regarding the Plan.

Kansas Residents Practicing Out of State

Health care providers who reside in Kansas and have an active Kansas license, but practice exclusively in another state are still required to comply with the Fund.  A resident health care provider who does not wish to maintain Fund compliance or pay the surcharge should contact the appropriate licensing agency to discuss inactivating or discontinuing his or her Kansas professional license. A license may be converted to inactive status or another licensure category that is exempt from the Fund law. 

Kansas Residents Practicing in Missouri

Kansas resident health care providers who have an active license to practice in Missouri or are otherwise authorized to render professional services in Missouri are required to pay an additional surcharge to the Fund. If the health care provider does not actually practice in Missouri, he or she may convert their license to inactive until such time that he or she decides to resume practice in Missouri.

Inactive Kansas Residents Who Reinstate Their Active Kansas License

The required primary insurance coverage must be obtained from an admitted Kansas company. The primary carrier will be responsible for enrolling the provider in the HCSF. The Fund does not provide prior acts coverage for services rendered in another state prior to reinstating Fund compliance.

Non-Resident Health Care Providers

Health care providers who do not reside in Kansas but have an active license to practice in Kansas are subject to the basic professional liability coverage requirements (minimum of $200,000 per claim with $600,000 annual aggregate limits) plus a Fund surcharge that is based upon the percentage ratio of their Kansas practice. This is a statutory requirement and is a condition of licensure. If a licensee is no longer actively practicing in Kansas, he or she must convert their license to inactive in order to avoid the basic insurance and HCSF surcharge required by Kansas law.

Unlike Kansas resident health care providers, nonresident health care providers who have an active license to practice in Kansas must initiate compliance with the Fund law by completing the HCSF Non-Resident Certification Form. The surcharge payment is submitted to the Fund with the completed Non-Resident Certification Form and a copy of a current Certificate of Insurance from the primary insurance carrier. A "Non-Resident Certification" form may be downloaded from the forms page at

Non-Residents Relocating to Kansas

The required primary coverage must be obtained from an admitted Kansas insurance company.  When the provider becomes a legal resident of Kansas the primary carrier will be responsible for enrolling the provider in the Fund.