(b) "person" means an individual, corporation, partnership, association, joint stock company, trust, unincorporated organization or any similar entity;
(c) "affiliate" means a person that directly or indirectly, through one or more intermediaries, employs, controls or is controlled by, or is under common control with a health care provider;
(d) "commissioner" means the commissioner of insurance; and
(e) "association" means any organization whose income is exempt from taxation pursuant to section 501(a) of the internal revenue code of 1986, and amendments thereto, as in effect on the effective date of this act, due to such association's compliance with section 501(c)(6) of such code, and amendments thereto, as in effect on the effective date of this act.
History: L. 1988, ch. 147, § 1; L. 1999, ch. 87, § 2; Mar. 1, 2000.
(b) Any association of health care providers domiciled within the state of Kansas which has been in existence for three years or more, may, as provided in this act, form an insurance company for the purpose of issuing contracts of insurance providing liability insurance for health care providers which are members of the association, the member's employees, directors, professional associations and affiliates.
(c) Any two or more such associations of health care providers, may form an insurance company for the purpose of issuing contracts of insurance providing liability insurance for such association's respective members, the member's employees, directors, professional associations and affiliates upon the assessment plan.
History: L. 1988, ch. 147, § 2; L. 1997, ch. 52, § 1; July 1.
History: L. 1988, ch. 147, § 3; April 28.
(a) The name, which shall contain the word "mutual," the names of persons initially associated, the method by which other persons may be admitted to the company as members, the purposes for which the company is organized and the location of such company's principal or home office, which shall be within this state. The articles of incorporation shall provide for bylaws and for the amendment of the articles of incorporation and the bylaws.
(b) The names and addresses of those persons composing the board.
(c) The names and addresses of the incorporators.
History: L. 1988, ch. 147, § 4; L. 1997, ch. 52, § 2; July 1.
History: L. 1988, ch. 147, § 5; L. 1997, ch. 52, § 3; July 1.
(1) Against loss or liability arising out of the performance of professional services rendered or which should have been rendered by an insured.
(2) Against loss or liability to persons or property for which the insured may be liable or have assumed liability, including but not limited to liability of any person who is a director or officer of a health care provider arising out of acts performed or which should have been performed by such director or officer.
(3) Against loss or liability to persons or property resulting from the ownership, maintenance or use of any ambulance, aircraft or other vehicle used by an insured in connection with rendering professional services.
(b) Any company organized under the provisions of this act shall be empowered to contract with the governing board of any plan created pursuant to K.S.A. 40-3413 and amendments thereto to issue policies to any applicant for liability insurance under the provisions of any such plan, to service and manage such policies and in all respects to administer and carry out the functions of any plan as the same may be authorized by the contract. Policies may be issued to persons and corporations under the provisions of such contract even though the insured is not a member of the association of health care providers forming the insurance company. No provision of this act or of article 12 of chapter 40 of the Kansas Statutes Annotated regarding the voting rights of members or the payment of dividends shall apply to policies issued under this subsection.
History: L. 1988, ch. 147, § 6; L. 1990, ch. 166, § 1; L. 1997, ch. 52, § 4; July 1.
(a) The company holds bona fide applications for insurance upon which it shall issue at least 20 policies to at least 20 members. If the company is in compliance with all other provisions of this act, the commissioner shall not revoke or refuse to renew the certificate of authority because membership has declined to less than 20 members.
(b) No insurance company organized pursuant to this act shall expose itself to loss on any one risk or hazard to an amount exceeding 20% of its surplus unless the excess is reinsured.
(c) It shall have collected, in accordance with the method provided in the articles of incorporation or the bylaws, the full consideration according to its filed rate on each contract for which application has been made. The total of such consideration shall be held in cash or securities in which such insurance companies are authorized to invest, or one or more clean and irrevocable letters of credit, and it shall possess and thereafter maintain a surplus of lawful assets or letters of credit over and above liabilities in an amount not less than the capital and surplus required of a domestic stock insurance company transacting the same kinds of insurance. Pursuant to K.S.A. 40-229a, the company shall deposit with the commissioner securities in which such insurance companies are authorized to invest, or one or more clean and irrevocable letters of credit, for the benefit of the commissioner, in an amount not less than the minimum capital stock required of a domestic stock insurance company. For the purpose of this act, letters of credit shall be in the form allowed by K.S.A. 40-221a(b)(2), and amendments thereto, drawn on the account of a health care provider for the benefit of the company, or for the benefit of the commissioner if the letter of credit is on deposit in accordance with this section.
History: L. 1988, ch. 147, § 7; L. 1996, ch. 25, § 15; July 1.
History: L. 1988, ch. 147, § 8; L. 1997, ch. 52, § 5; July 1.
History: L. 1988, ch. 147, § 9; L. 2000, ch. 147, § 1; July 1.