{"data":{"id":"us-ky/krs-304.40-075","jurisdiction":"us-ky","citation":"KRS 304.40-075","heading":"Medical malpractice insurance for charitable health care providers --","body":"Scope of coverage -- Premiums -- Registration of providers -- Review --\nAvailability of information.\n(1) As used in this section, unless the context requires otherwise:\n(a) \"Charitable health care provider\" has the same meaning as in KRS 216.940;\n(b) \"Medical malpractice insurer\" means every person or entity engaged as\nprincipal and as indemnitor, surety, or contractor in the business of entering\ninto contracts to provide  medical professional liability insurance, except an\nentity in the business of providing such medical professional liability\ninsurance only to itself or its affiliated subsidiary, or parent corporation, or\nsubsidiaries of its parent corporations; and\n(c) \"Medical professional liability insurance\" means insurance to cover liability\nincurred as a result of the hands-on providing of medical professional services\ndirectly to patients by an insured in the treatment, diagnosis, or prevention of\npatient illness, disease, or injury.\n(2) Insurers offering medical professional liability insurance in the Commonwealth\nshall make available, as a condition of doing business in the Commonwealth\npursuant to this chapter, medical professional liability insurance for charitab le\nhealth care providers and persons volunteering to perform medical services for\ncharitable health care providers, with the same coverage limits made available to its\nother insureds.\n(3) (a) Premiums for policies issued under subsection (2) of this sectio n shall be paid\nby the Commonwealth from the general fund upon written application for\npayment of the premium by the health care provider wishing to offer\ncharitable services. A health care provider shall submit an application for\npayment of premium to the Department of Insurance no later than one (1) year\nfrom the expiration of the policy for which payment is being requested.\n(b) The Department of Insurance shall, through promulgation of administrative\nregulations pursuant to KRS Chapter 13A, establish rea sonable guidelines for\nthe registration of charitable health care providers. The guidelines shall\nrequire the provider to supply, at a minimum, the following information:\n1. Name and address of the charitable health care provider;\n2. Number of employees of the charitable health care provider who will be:\na. Rendering medical care without compensation or charge and\nwithout expectation of compensation or charge; and\nb. Covered under the policy issued under subsection (2) of this\nsection;\n3. The expected number of patients to be provided charitable health care\nservices in the year for which the insurer will offer malpractice\ncoverage;\n4. The charitable health care provider's acknowledgment that the insurer's\nrisk management and loss prevention policies shall be followed;\n5. A copy of the registration filed with the Cabinet for Health and Family\nServices under KRS 216.941; and\n6. A copy of the medical malpractice policy, declaration page, and any\nother documentation the commissioner may deem nec essary to\ndetermine the proper amount of premiums and taxes to be reimbursed.\n(c) Persons insured under this section shall be required to comply with the same\nrisk management and loss prevention policies which the insurer imposes upon\nits other insureds.\n(d) Any premium refund for medical professional liability insurance issued under\nsubsection (2) of this section received for any reason by the charitable health\ncare provider shall be promptly remitted to the department for transmittal to\nthe general fund.\n(4) This section shall only apply to charitable health care providers, and persons\nvolunteering to perform medical services for charitable health care providers:\n(a) Who are not otherwise covered by any policy of medical professional liability\ninsurance for the charitable health care services provided; and\n(b) That meet the terms for eligibility established pursuant to this section.\n(5) Coverage offered to charitable health care providers, and persons volunteering at\ncharitable health care providers, shall be at least as broad as the coverage offered by\nthe insurer to other noncharitable health care providers or facilities and to medical\nprofessionals working at noncharitable health care facilities.\n(6) The Department of Insurance shall retrospectively revie w on an annual basis the\npremiums paid pursuant to this section as opposed to the expenses incurred by the\ninsurers covering risks under this section to determine if the profits made for those\nrisks were consistent with reasonable loss ratio guidelines. If  the determination is\nmade that the profits were not consistent with reasonable loss ratio guidelines, the\nDepartment of Insurance shall determine the amount of the premiums to be\nrefunded to the Commonwealth.\n(7) The Cabinet for Health and Family Services shall make available to the Department\nof Insurance information on its registration of charitable health care providers for\nthe purpose of obtaining medical malpractice insurance.\n(8) The Department of Insurance shall not provide medical malpractice insur ance as\nspecified in subsection (3)(a) of this section to a charitable health care provider who\nhas not registered with the Cabinet for Health and Family Services under KRS\n216.941.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51023","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:57Z","sha256":"41b86d1c54ca3c7b5591bd1f985401c409bc30b9ce8f51e383ca6950c493b09c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.40-070","next":"us-ky/krs-304.40-080"},"notice":"GroundRules: Original legal text. Not legal advice."}