KRS 304.40-310: Settled or adjudicated claims -- Report -- Approval of commissioner.

(1) All malpractice claims settled or adjudicated to final judgment against a health care

provider shall be reported to the commissioner of insurance by the malpractice

insurer of the health care provider or the health care provider if self -insured, within

sixty (60) days following final settlement or disposition of the claim. The report to

the commissioner shall recite the following:

(a) Name and address of health care provider involved;

(b) Name and address of claimant;

(c) Nature of the claim;

(d) Damages asserted and alleged injury; and

(e) The amount of any settlement or judgment.

(2) The commissioner of insurance shall forward the name of every health care provider

against whom a settlement is made or judgment is rendered to the appropriate

licensure boar d or regulatory agency for review of the fitness of the health care

provider to practice his or her profession.

(3) (a) At any time before a jury is empanelled or before a trial is commenced by a

court without a jury, no settlement or other compromise of a ny claim for

malpractice shall be effective between a claimant and the fund unless the

proposed settlement or other compromise shall have been approved by the

commissioner.

(b) The commissioner shall prescribe by rule the procedure for submission of

settlements or other compromises involving the fund.

(c) If the commissioner shall disapprove a proposed settlement or other

compromise involving the fund, the claimant may thereafter pursue his or her

interests in a court of appropriate jurisdiction and the act ion of the

commissioner shall not be admissible upon any trial of the action.

(d) Notwithstanding the provisions of KRS 413.140, when an offer to

compromise or settle has been filed with the commissioner the statute of

limitations made and provided for the commencement of an action for

malpractice shall not bar any such action until ninety (90) days after notice to

the parties of the commissioner's disapproval of any proposed settlement or

other compromise.