{"data":{"id":"us-ky/krs-304.40-310","jurisdiction":"us-ky","citation":"KRS 304.40-310","heading":"Settled or adjudicated claims -- Report -- Approval of commissioner.","body":"(1) All malpractice claims settled or adjudicated to final judgment against a health care\nprovider shall be reported to the commissioner of insurance by the malpractice\ninsurer of the health care provider or the health care provider if self -insured, within\nsixty (60) days following final settlement or disposition of the claim. The report to\nthe commissioner shall recite the following:\n(a) Name and address of health care provider involved;\n(b) Name and address of claimant;\n(c) Nature of the claim;\n(d) Damages asserted and alleged injury; and\n(e) The amount of any settlement or judgment.\n(2) The commissioner of insurance shall forward the name of every health care provider\nagainst whom a settlement is made or judgment is rendered to the appropriate\nlicensure boar d or regulatory agency for review of the fitness of the health care\nprovider to practice his or her profession.\n(3) (a) At any time before a jury is empanelled or before a trial is commenced by a\ncourt without a jury, no settlement or other compromise of a ny claim for\nmalpractice shall be effective between a claimant and the fund unless the\nproposed settlement or other compromise shall have been approved by the\ncommissioner.\n(b) The commissioner shall prescribe by rule the procedure for submission of\nsettlements or other compromises involving the fund.\n(c) If the commissioner shall disapprove a proposed settlement or other\ncompromise involving the fund, the claimant may thereafter pursue his or her\ninterests in a court of appropriate jurisdiction and the act ion of the\ncommissioner shall not be admissible upon any trial of the action.\n(d) Notwithstanding the provisions of KRS 413.140, when an offer to\ncompromise or settle has been filed with the commissioner the statute of\nlimitations made and provided for the  commencement of an action for\nmalpractice shall not bar any such action until ninety (90) days after notice to\nthe parties of the commissioner's disapproval of any proposed settlement or\nother compromise.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30088","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:58Z","sha256":"0632c9ca645ea7513151447dacea06850d1438a4da1266fc84c6ea94786913d8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.40-300","next":"us-ky/krs-304.40-320"},"notice":"GroundRules: Original legal text. Not legal advice."}