40-3409.Service upon board of governors required in action filed in statefor injury or death arising out of act or omission of health care provider;time for filing; effect of failure to make service;notification of board of governors required in action filed outside of state;copy of petition involvingcertain health care providers forwarded to state board of healing arts;defense of action; costs; submission of certain information to board of healingarts.(a) (1) In any action filed in this state for personal injury or death arisingout of the rendering of or the failure to render professional services byany health care provider covered by the fund or any inactive health careprovider covered by the fund, the plaintiff shall serve a copy of the petitionupon the board of governors by registered mail within 10days from filing thesame, and if such service is not made the fund shall not be liable for anyamount due from a judgment or a settlement nor, in such case, shall the healthcare provider or the provider's insurer or the inactive health care provideror the provider's insurer be liable for such amount that, if such servicehad been made, would have been paidby the fund; (2) in any action filed outside of this state for personalinjury or death arising out of the rendering of or the failure to renderprofessional servicesby any health care provider or any inactive health care provider coveredby the fund, the inactive health care provider, the self-insurer or theinsurer of a health care provider or an inactive health care provider shallnotify the board of governors,as soon as it is reasonably practicable, that such summons or petition hasbeen filed. If the petition names as a defendant in the action ahealth care provider who is licensed, registered or certified by the stateboardof healing arts, the board of governors shall forward acopy of the petition tothe state board of healing arts.
(b) Such action shall be defended by the insurer or the self-insurer, butif the board of governors believes it to be in the bestinterests of the fund,the board of governors may employ independent counsel torepresent the interestsof the fund. The cost of employing such counsel shall be paid from thefund. The board of governors is authorized to employindependent counsel in anysuch action against an inactive health care provider covered by the fund.
(c) The attorneys of record and the board of governorsshall submit to thestate board of healing arts expert witness reports which have been madeavailable to the opposing parties in the case and, upon therequest of the state board of healing arts, any depositions,interrogatories, admissions or other relevantinformation concerning the case which has been made available to theopposing parties in the case shall also be submitted. Theboard of governors shall not be required to furnish information not in thepossession of the board of governors. Any report or other information madeavailable to the state board of healing arts inaccordance with this subsection shall be subject to K.S.A. 65-2898a andamendments thereto. Reasonable expenses incurred in reproducing suchreports or other information shall be paid by the state board of healingarts.
40-3409.Service upon board of governors required in action filed in statefor injury or death arising out of act or omission of health care provider;time for filing; effect of failure to make service;notification of board of governors required in action filed outside of state;copy of petition involvingcertain health care providers forwarded to state board of healing arts;defense of action; costs; submission of certain information to board of healingarts.(a) (1) In any action filed in this state for personal injury or death arisingout of the rendering of or the failure to render professional services byany health care provider covered by the fund or any inactive health careprovider covered by the fund, the plaintiff shall serve a copy of the petitionupon the board of governors by registered mail within 10days from filing thesame, and if such service is not made the fund shall not be liable for anyamount due from a judgment or a settlement nor, in such case, shall the healthcare provider or the provider's insurer or the inactive health care provideror the provider's insurer be liable for such amount that, if such servicehad been made, would have been paidby the fund; (2) in any action filed outside of this state for personalinjury or death arising out of the rendering of or the failure to renderprofessional servicesby any health care provider or any inactive health care provider coveredby the fund, the inactive health care provider, the self-insurer or theinsurer of a health care provider or an inactive health care provider shallnotify the board of governors,as soon as it is reasonably practicable, that such summons or petition hasbeen filed. If the petition names as a defendant in the action ahealth care provider who is licensed, registered or certified by the stateboardof healing arts, the board of governors shall forward acopy of the petition tothe state board of healing arts.
(b) Such action shall be defended by the insurer or the self-insurer, butif the board of governors believes it to be in the bestinterests of the fund,the board of governors may employ independent counsel torepresent the interestsof the fund. The cost of employing such counsel shall be paid from thefund. The board of governors is authorized to employindependent counsel in anysuch action against an inactive health care provider covered by the fund.
(c) The attorneys of record and the board of governorsshall submit to thestate board of healing arts expert witness reports which have been madeavailable to the opposing parties in the case and, upon therequest of the state board of healing arts, any depositions,interrogatories, admissions or other relevantinformation concerning the case which has been made available to theopposing parties in the case shall also be submitted. Theboard of governors shall not be required to furnish information not in thepossession of the board of governors. Any report or other information madeavailable to the state board of healing arts inaccordance with this subsection shall be subject to K.S.A. 65-2898a andamendments thereto. Reasonable expenses incurred in reproducing suchreports or other information shall be paid by the state board of healingarts.
40-3409.Service upon board of governors required in action filed in statefor injury or death arising out of act or omission of health care provider;time for filing; effect of failure to make service;notification of board of governors required in action filed outside of state;copy of petition involvingcertain health care providers forwarded to state board of healing arts;defense of action; costs; submission of certain information to board of healingarts.(a) (1) In any action filed in this state for personal injury or death arisingout of the rendering of or the failure to render professional services byany health care provider covered by the fund or any inactive health careprovider covered by the fund, the plaintiff shall serve a copy of the petitionupon the board of governors by registered mail within 10days from filing thesame, and if such service is not made the fund shall not be liable for anyamount due from a judgment or a settlement nor, in such case, shall the healthcare provider or the provider's insurer or the inactive health care provideror the provider's insurer be liable for such amount that, if such servicehad been made, would have been paidby the fund; (2) in any action filed outside of this state for personalinjury or death arising out of the rendering of or the failure to renderprofessional servicesby any health care provider or any inactive health care provider coveredby the fund, the inactive health care provider, the self-insurer or theinsurer of a health care provider or an inactive health care provider shallnotify the board of governors,as soon as it is reasonably practicable, that such summons or petition hasbeen filed. If the petition names as a defendant in the action ahealth care provider who is licensed, registered or certified by the stateboardof healing arts, the board of governors shall forward acopy of the petition tothe state board of healing arts.
(b) Such action shall be defended by the insurer or the self-insurer, butif the board of governors believes it to be in the bestinterests of the fund,the board of governors may employ independent counsel torepresent the interestsof the fund. The cost of employing such counsel shall be paid from thefund. The board of governors is authorized to employindependent counsel in anysuch action against an inactive health care provider covered by the fund.
(c) The attorneys of record and the board of governorsshall submit to thestate board of healing arts expert witness reports which have been madeavailable to the opposing parties in the case and, upon therequest of the state board of healing arts, any depositions,interrogatories, admissions or other relevantinformation concerning the case which has been made available to theopposing parties in the case shall also be submitted. Theboard of governors shall not be required to furnish information not in thepossession of the board of governors. Any report or other information madeavailable to the state board of healing arts inaccordance with this subsection shall be subject to K.S.A. 65-2898a andamendments thereto. Reasonable expenses incurred in reproducing suchreports or other information shall be paid by the state board of healingarts.
