40-3403b.Health care stabilization fund oversight committee; members,compensation and expenses; duties; legislative staff assistance; informationprovided for actuarial review, confidentiality, exemption from legal process.(a) There is hereby created a health care stabilization fund oversightcommittee to consist of eleven members, one of whom shall be thechairperson of the board of governors or another member of the board ofgovernors designated by the chairperson, one of whom shall be appointed bythe president of the state senate, one of whom shall be appointed by theminority leader of the state senate, one of whom shall be appointed by thespeaker of the state house of representatives, one of whom shall be appointedby the minority leader of the state house of representatives and six of whomshall be persons appointed by the legislative coordinating council. The fourmembers appointed by the president and minority leader of the state senate andthe speaker and minority leader of the state house of representatives shall bemembers of the state legislature. Of the six members appointed by thelegislative coordinating council, four shall either be health care providers orbe employed by health care providers, one shall be a representative of theinsurance industry and one shall be appointed from the public at large who isnot affiliated with any health care provider or the insurance industry, butnone of such six members shall be members of the state legislature.Members serving on the committee on July1, 1991, shallcontinue to serve at the pleasure of the appointing authority.
(b) The legislative coordinating council shall designate a chairpersonof the committee from among the members thereof. The committee shall meetupon the call of the chairperson. It shall be the responsibility of thecommittee to make an annual report to the legislative coordinating council onor before September 1 of each year and to perform such additional duties as thelegislative coordinating council shall direct. The report required to be madeto the legislative coordinating council shall include recommendations to thelegislature on the advisability of continuation or termination of the fund orany provisions of this act, an analysis of the market for insurance for healthcare providers, recommendations on ways to reduce claim and operational costsof the fund, and legislation necessary to implement recommendations of thecommittee.
(c) The board ofgovernors shall provide anyconsulting actuarial firm contracting with the legislative coordinatingcouncil with such information or materials pertaining to the health carestabilization fund deemed necessary by the actuarial firm for performingthe requirements of any actuarial reviews for the health care stabilizationfund oversight committee notwithstanding any confidentiality prohibition,restriction or limitation imposed on such information or materials by any otherlaw. The consulting actuarial firm and all employees and former employeesthereof shall be subject to the same duty of confidentiality imposed by law onother persons or state agencies with regard to information and materials soprovided and shall be subject to any civil or criminal penalties imposed by lawfor violations of such duty of confidentiality. Any reports of the consultingactuarial firm shall be made in a manner which will not reveal directly orindirectly the name of any persons or entities or individual reserveinformation involved in claims or actions for damages for personal injury orloss due to error, omission or negligence in the performance of professionalservices by health care providers. Information provided to the actuary shallnot be subject to discovery, subpoena or other means of legal compulsion in anycivil proceedings and shall be returned by the actuary to the health carestabilization fund.
(d) The staff of the legislative research department, the office of therevisor of statutes and the division of legislative administrative servicesshall provide such assistance as may be requested by the committee and to theextent authorized by the legislative coordinating council.
(e) Members of the committee attending meetings of the committee, orattending a subcommittee meeting thereof authorized by the committee, shallbe paid compensation, travel expenses and subsistence expenses as provided inK.S.A. 75-3212, and amendments thereto.
(f) This section shall be a part of and supplemental to the health careprovider insurance availability act.
History: L. 1989, ch. 143, § 6; L. 1990, ch. 176, § 1; L. 1991,ch. 139, § 4;L. 1994, ch. 155, § 3; Jan. 1, 1995.
40-3403b.Health care stabilization fund oversight committee; members,compensation and expenses; duties; legislative staff assistance; informationprovided for actuarial review, confidentiality, exemption from legal process.(a) There is hereby created a health care stabilization fund oversightcommittee to consist of eleven members, one of whom shall be thechairperson of the board of governors or another member of the board ofgovernors designated by the chairperson, one of whom shall be appointed bythe president of the state senate, one of whom shall be appointed by theminority leader of the state senate, one of whom shall be appointed by thespeaker of the state house of representatives, one of whom shall be appointedby the minority leader of the state house of representatives and six of whomshall be persons appointed by the legislative coordinating council. The fourmembers appointed by the president and minority leader of the state senate andthe speaker and minority leader of the state house of representatives shall bemembers of the state legislature. Of the six members appointed by thelegislative coordinating council, four shall either be health care providers orbe employed by health care providers, one shall be a representative of theinsurance industry and one shall be appointed from the public at large who isnot affiliated with any health care provider or the insurance industry, butnone of such six members shall be members of the state legislature.Members serving on the committee on July1, 1991, shallcontinue to serve at the pleasure of the appointing authority.
(b) The legislative coordinating council shall designate a chairpersonof the committee from among the members thereof. The committee shall meetupon the call of the chairperson. It shall be the responsibility of thecommittee to make an annual report to the legislative coordinating council onor before September 1 of each year and to perform such additional duties as thelegislative coordinating council shall direct. The report required to be madeto the legislative coordinating council shall include recommendations to thelegislature on the advisability of continuation or termination of the fund orany provisions of this act, an analysis of the market for insurance for healthcare providers, recommendations on ways to reduce claim and operational costsof the fund, and legislation necessary to implement recommendations of thecommittee.
(c) The board ofgovernors shall provide anyconsulting actuarial firm contracting with the legislative coordinatingcouncil with such information or materials pertaining to the health carestabilization fund deemed necessary by the actuarial firm for performingthe requirements of any actuarial reviews for the health care stabilizationfund oversight committee notwithstanding any confidentiality prohibition,restriction or limitation imposed on such information or materials by any otherlaw. The consulting actuarial firm and all employees and former employeesthereof shall be subject to the same duty of confidentiality imposed by law onother persons or state agencies with regard to information and materials soprovided and shall be subject to any civil or criminal penalties imposed by lawfor violations of such duty of confidentiality. Any reports of the consultingactuarial firm shall be made in a manner which will not reveal directly orindirectly the name of any persons or entities or individual reserveinformation involved in claims or actions for damages for personal injury orloss due to error, omission or negligence in the performance of professionalservices by health care providers. Information provided to the actuary shallnot be subject to discovery, subpoena or other means of legal compulsion in anycivil proceedings and shall be returned by the actuary to the health carestabilization fund.
(d) The staff of the legislative research department, the office of therevisor of statutes and the division of legislative administrative servicesshall provide such assistance as may be requested by the committee and to theextent authorized by the legislative coordinating council.
(e) Members of the committee attending meetings of the committee, orattending a subcommittee meeting thereof authorized by the committee, shallbe paid compensation, travel expenses and subsistence expenses as provided inK.S.A. 75-3212, and amendments thereto.
(f) This section shall be a part of and supplemental to the health careprovider insurance availability act.
History: L. 1989, ch. 143, § 6; L. 1990, ch. 176, § 1; L. 1991,ch. 139, § 4;L. 1994, ch. 155, § 3; Jan. 1, 1995.
40-3403b.Health care stabilization fund oversight committee; members,compensation and expenses; duties; legislative staff assistance; informationprovided for actuarial review, confidentiality, exemption from legal process.(a) There is hereby created a health care stabilization fund oversightcommittee to consist of eleven members, one of whom shall be thechairperson of the board of governors or another member of the board ofgovernors designated by the chairperson, one of whom shall be appointed bythe president of the state senate, one of whom shall be appointed by theminority leader of the state senate, one of whom shall be appointed by thespeaker of the state house of representatives, one of whom shall be appointedby the minority leader of the state house of representatives and six of whomshall be persons appointed by the legislative coordinating council. The fourmembers appointed by the president and minority leader of the state senate andthe speaker and minority leader of the state house of representatives shall bemembers of the state legislature. Of the six members appointed by thelegislative coordinating council, four shall either be health care providers orbe employed by health care providers, one shall be a representative of theinsurance industry and one shall be appointed from the public at large who isnot affiliated with any health care provider or the insurance industry, butnone of such six members shall be members of the state legislature.Members serving on the committee on July1, 1991, shallcontinue to serve at the pleasure of the appointing authority.
(b) The legislative coordinating council shall designate a chairpersonof the committee from among the members thereof. The committee shall meetupon the call of the chairperson. It shall be the responsibility of thecommittee to make an annual report to the legislative coordinating council onor before September 1 of each year and to perform such additional duties as thelegislative coordinating council shall direct. The report required to be madeto the legislative coordinating council shall include recommendations to thelegislature on the advisability of continuation or termination of the fund orany provisions of this act, an analysis of the market for insurance for healthcare providers, recommendations on ways to reduce claim and operational costsof the fund, and legislation necessary to implement recommendations of thecommittee.
(c) The board ofgovernors shall provide anyconsulting actuarial firm contracting with the legislative coordinatingcouncil with such information or materials pertaining to the health carestabilization fund deemed necessary by the actuarial firm for performingthe requirements of any actuarial reviews for the health care stabilizationfund oversight committee notwithstanding any confidentiality prohibition,restriction or limitation imposed on such information or materials by any otherlaw. The consulting actuarial firm and all employees and former employeesthereof shall be subject to the same duty of confidentiality imposed by law onother persons or state agencies with regard to information and materials soprovided and shall be subject to any civil or criminal penalties imposed by lawfor violations of such duty of confidentiality. Any reports of the consultingactuarial firm shall be made in a manner which will not reveal directly orindirectly the name of any persons or entities or individual reserveinformation involved in claims or actions for damages for personal injury orloss due to error, omission or negligence in the performance of professionalservices by health care providers. Information provided to the actuary shallnot be subject to discovery, subpoena or other means of legal compulsion in anycivil proceedings and shall be returned by the actuary to the health carestabilization fund.
(d) The staff of the legislative research department, the office of therevisor of statutes and the division of legislative administrative servicesshall provide such assistance as may be requested by the committee and to theextent authorized by the legislative coordinating council.
(e) Members of the committee attending meetings of the committee, orattending a subcommittee meeting thereof authorized by the committee, shallbe paid compensation, travel expenses and subsistence expenses as provided inK.S.A. 75-3212, and amendments thereto.
(f) This section shall be a part of and supplemental to the health careprovider insurance availability act.
History: L. 1989, ch. 143, § 6; L. 1990, ch. 176, § 1; L. 1991,ch. 139, § 4;L. 1994, ch. 155, § 3; Jan. 1, 1995.
