KRS 164.941: Basic coverage compensation fund -- Management and use -- Settlement of

claims -- Contributions to funds.

(1) The board of trustees of the university may, at its election, establish a basic

coverage compensation fund for the benefit and protection fro m liability of itself

and its agents. Promptly after the board of trustees of said university has elected to

establish a basic coverage compensation fund, the university shall pay to the State

Treasurer the sum of three hundred fifty thousand dollars ($350,000).

(2) Upon receipt of said payment of three hundred fifty thousand dollars ($350,000) the

State Treasurer shall create a separate account to be designated as the "Basic

Coverage Compensation Fund, University of Kentucky" and there shall be credited

to said fund the initial payment of three hundred fifty thousand dollars ($350,000),

all income thereafter earned from the investment of said fund, and all contributions

thereafter made by the university. Unexpended and unencumbered balances in any

fund created hereunder shall be carried forward and be available for expenditure in

succeeding fiscal years notwithstanding the provisions of KRS 45.229 or any other

provision of the Kentucky Revised Statutes. No portion of said fund shall ever lapse

to the general fund and income earned from the investment of funds standing to the

credit of said account shall accrue and be credited thereto, notwithstanding the

provisions of KRS 42.500 or any other provision of the Kentucky Revised Statutes.

Upon termination of said fund for any reason, the balance therein shall revert to the

university.

(3) The funds held in any fund created under KRS 164.939 to 164.944 shall be

expended solely in payment of claims for liability arising in favor of any patient

from treatment perform ed or furnished, or treatment that should have been

performed or furnished by the university or its agents. The liabilities which said

fund shall be created to discharge are all liabilities from acts or omissions to act

which may have occurred since July 1 , 1975 and which may occur in the future

which no entity other than the university and its agents is or will be obligated either

by law or contract to pay and discharge.

(4) No settlement shall be made of any claim for personal injury or death to any

claimant arising out of the furnishing or failure to furnish medical care by the

university and its agents, until and unless the board of trustees of the university, or

its duly delegated agent or body has first approved of such settlement. The board of

trustees of the university shall also have the right to determine whether or not an

appeal shall be taken from any judgment rendered against it or its agents, when such

claim is founded upon or arises out of the furnishing or failure to furnish medical

care. Prov ided, however, that if the payment of a judgment would involve

expenditures from appropriations of general funds of the Commonwealth under the

provisions of subsection (8) of this section then any payment from said fund must

also be approved by the secretary, or his delegate.

(5) Funds held in an account created hereunder may be disbursed by the secretary only

upon the written certification of the university, or its duly designated agent, of the

amount to be disbursed and the name of the person or persons t o whom such funds

shall be paid.

(6) Annual contributions to said fund shall be made by the university in an amount

which will be not less than one hundred fifty percent (150%) of the average

amounts actually paid in each year on medical malpractice claims for the five (5)

years next preceding the making of the annual contribution. In the event the

university terminates its commercial excess insurance coverage then said annual

contributions shall be in the amount of two hundred fifty thousand dollars

($250,000) with the first contribution being due and payable within twelve (12)

months next following the month in which such insurance is terminated. Provided,

however, that if the university and the secretary shall at any time in the future, based

upon accepted actuarial principles, mutually determine that an annual contribution

in a lesser amount will not impair the adequacy of the fund to satisfy existing and

potential health care malpractice claims for a period of one year, then an annual

contribution in such lesser amount as may be determined may be made.

(7) The university shall be solely responsible for the investigation and servicing of all

claims made against it arising out of medical malpractice and all costs, expenses

and fees incurred in the investiga tion, servicing and defense of all such claims shall

be borne and paid by the university.

(8) Claims or judgments certified to be paid by the university shall be paid in the order

received by the secretary. If the basic coverage compensation fund created

hereunder shall at any time fail to have sufficient funds to pay all judgments, then

they shall be paid out of the excess coverage fund upon certification of the

obligation by the secretary and the university. Said excess fund shall be expended

only upon ex haustion of the basic coverage compensation fund and any insurance

from any source whatsoever.