40-3410.Negotiation of amount of claim to be paid from fund;settlement; procedure for court approval.When the insurer of a health care provider or inactive health careprovider covered by the fund has agreed to settle its liability on aclaim against its insured or when the self-insurer has agreed to settleliability on a claim and the claimant's demand is in an amount in excessof such settlement, or where a claim is against an inactive health careprovider covered by the fund who does not have liability insurance ineffect which is applicable to the claim, or where it would otherwise bein the best interest of the fund, the claimant and the boardof governors maynegotiate on an amount to be paid from the fund. The boardof governors mayemploy independent counsel to represent the interest of the fund in anysuch negotiations. In the event the claimant and the boardof governors agreeupon an amount the following procedure shall be followed:
(a) A petition shall be filed by the claimant with the court in whichthe action is pending against the health care provider or the inactivehealth care provider, or if none is pending, in a court of appropriatejurisdiction, for approval of the agreement between the claimant and the board of governors.
(b) The court shall set such petition for hearing as soon as thecourt's calendar permits, and notice of the time, date and place ofhearing shall be given to the claimant, the health care provider orinactive health care provider, and to the board ofgovernors.
(c) At such hearing the court shall approve the proposed settlementif the court finds it to be valid, just and equitable.
(d) In the event the settlement is not approved, the procedure setforth in K.S.A. 40-3411 and amendments thereto shall be followed.
40-3410.Negotiation of amount of claim to be paid from fund;settlement; procedure for court approval.When the insurer of a health care provider or inactive health careprovider covered by the fund has agreed to settle its liability on aclaim against its insured or when the self-insurer has agreed to settleliability on a claim and the claimant's demand is in an amount in excessof such settlement, or where a claim is against an inactive health careprovider covered by the fund who does not have liability insurance ineffect which is applicable to the claim, or where it would otherwise bein the best interest of the fund, the claimant and the boardof governors maynegotiate on an amount to be paid from the fund. The boardof governors mayemploy independent counsel to represent the interest of the fund in anysuch negotiations. In the event the claimant and the boardof governors agreeupon an amount the following procedure shall be followed:
(a) A petition shall be filed by the claimant with the court in whichthe action is pending against the health care provider or the inactivehealth care provider, or if none is pending, in a court of appropriatejurisdiction, for approval of the agreement between the claimant and the board of governors.
(b) The court shall set such petition for hearing as soon as thecourt's calendar permits, and notice of the time, date and place ofhearing shall be given to the claimant, the health care provider orinactive health care provider, and to the board ofgovernors.
(c) At such hearing the court shall approve the proposed settlementif the court finds it to be valid, just and equitable.
(d) In the event the settlement is not approved, the procedure setforth in K.S.A. 40-3411 and amendments thereto shall be followed.
40-3410.Negotiation of amount of claim to be paid from fund;settlement; procedure for court approval.When the insurer of a health care provider or inactive health careprovider covered by the fund has agreed to settle its liability on aclaim against its insured or when the self-insurer has agreed to settleliability on a claim and the claimant's demand is in an amount in excessof such settlement, or where a claim is against an inactive health careprovider covered by the fund who does not have liability insurance ineffect which is applicable to the claim, or where it would otherwise bein the best interest of the fund, the claimant and the boardof governors maynegotiate on an amount to be paid from the fund. The boardof governors mayemploy independent counsel to represent the interest of the fund in anysuch negotiations. In the event the claimant and the boardof governors agreeupon an amount the following procedure shall be followed:
(a) A petition shall be filed by the claimant with the court in whichthe action is pending against the health care provider or the inactivehealth care provider, or if none is pending, in a court of appropriatejurisdiction, for approval of the agreement between the claimant and the board of governors.
(b) The court shall set such petition for hearing as soon as thecourt's calendar permits, and notice of the time, date and place ofhearing shall be given to the claimant, the health care provider orinactive health care provider, and to the board ofgovernors.
(c) At such hearing the court shall approve the proposed settlementif the court finds it to be valid, just and equitable.
(d) In the event the settlement is not approved, the procedure setforth in K.S.A. 40-3411 and amendments thereto shall be followed.
