KRS 304.40-260: Definitions.

As used in KRS 304.40 -250 to 304.40 -320, the following words and terms shall be

defined as follows:

(1) "Health care provider" means any physician, osteopath, dentist, podiatrist, nurse or

nurse's assistant, certified registered nurse anesthetist, physical or occupational

therapist, or psychologist, licensed to practice health care in this state; any hospital,

medical clinic, medical foundation, health maintenance organization, extended care

facility, intermediate care facility, nursing home, emergency trea tment center,

outpatient medical or surgical center, frontier nursing service, or any other facility

or service licensed under any act of this state to provide health care within this state;

or any officer, director, employer agent thereof; and any corpora tion, partnership or

sole proprietorship which directly provides medical services to its employees;

(2) "Commissioner" means the commissioner of the Department of Insurance;

(3) "Patient" means a natural person who receives health care from a licensed heal th

care provider under a contract, express or implied;

(4) "Claimant" means the patient or spouse, parent, guardian, trustee, or other

authorized agent of the patient;

(5) "Tort" means any legal wrong, breach of duty, or negligent or unlawful act or

omission proximately causing injury or damage to another;

(6) "Malpractice" means any tort or breach of contract based on health care or

professional services rendered, or which should have been rendered, by a health

care provider to the patient;

(7) "Health care" means any act, or treatment performed or furnished, or which should

have been performed or furnished, by any health care provider to a patient during

that patient's care, treatment, or confinement for a physical or mental condition; and

(8) "Malpractice insurer" means any insurance authority or any insurance company

properly engaged in the practice of writing malpractice liability insurance under

authority of the commissioner of insurance.