Statute 40-3409: Service upon board of governors required in action filed in state
for injury or death arising out of act or omission of health care provider;
time for filing; effect of failure to make service;
notification of board of governors required in action filed outside of state;
copy of petition involving
certain health care providers forwarded to state board of healing arts;
defense of action; costs; submission of certain information to board of healing
arts.
(a) (1) In any action filed in this state for personal injury or death arising
out of the rendering of or the failure to render professional services by
any health care provider covered by the fund or any inactive health care
provider covered by the fund, the plaintiff shall serve a copy of the petition
upon the board of governors by registered mail within 10
days from filing the
same, and if such service is not made the fund shall not be liable for any
amount due from a judgment or a settlement nor, in such case, shall the health
care provider or the provider's insurer or the inactive health care provider
or the provider's insurer be liable for such amount that, if such service
had been made, would have been paid
by the fund; (2) in any action filed outside of this state for personal
injury or death arising out of the rendering of or the failure to render
professional services
by any health care provider or any inactive health care provider covered
by the fund, the inactive health care provider, the self-insurer or the
insurer of a health care provider or an inactive health care provider shall
notify the board of governors,
as soon as it is reasonably practicable, that such summons or petition has
been filed. If the petition names as a defendant in the action a
health care provider who is licensed, registered or certified by the state
board
of healing arts, the board of governors shall forward a
copy of the petition to
the state board of healing arts.
(b) Such action shall be defended by the insurer or the self-insurer, but
if the board of governors believes it to be in the best
interests of the fund,
the board of governors may employ independent counsel to
represent the interests
of the fund. The cost of employing such counsel shall be paid from the
fund. The board of governors is authorized to employ
independent counsel in any
such action against an inactive health care provider covered by the fund.
(c) The attorneys of record and the board of governors
shall submit to the
state board of healing arts expert witness reports which have been made
available to the opposing parties in the case and, upon the
request of the state board of healing arts, any depositions,
interrogatories, admissions or other relevant
information concerning the case which has been made available to the
opposing parties in the case shall also be submitted. The
board of governors shall not be required to furnish information not in the
possession of the board of governors. Any report or other information made
available to the state board of healing arts in
accordance with this subsection shall be subject to K.S.A. 65-2898a and
amendments thereto. Reasonable expenses incurred in reproducing such
reports or other information shall be paid by the state board of healing
arts.
History: L. 1976, ch. 231, § 9; L. 1983, ch. 213, § 3;
L. 1985, ch. 167, § 1;
L. 1994, ch. 155, § 6; Jan. 1, 1995.