In 1991, Kansas enacted legislation allowing indigent health care clinics and charitable health care providers to receive coverage under the Kansas Tort Claims Act for liability purposes. The Kansas Department of Health and Environment is responsible for the collection and tracking of Charitable Health Care Provider and Point of Entry agreements.
Kansas Tort Claims Act
The Kansas Tort Claims Act is applicable to claims arising from services performed while acting as a charitable health care provider (KSA 75-6115(a)(1)). When acting as a charitable health care provider, a health professional is considered an employee of the state (KSA 75-6120(a)). Any claim against a charitable health care provider that results from the provision of gratuitous care to medically indigent individuals will be paid from the Kansas tort claims funds (75-6117(b)(1)(A)). Claims against charitable health care providers pursuant to the Kansas Tort Claims Act may not be considered by an insurance company in determining the rate charged for professional liability insurance for health care providers or in the determination to cancel any such policy (KSA 75-6120(c)).
If a charitable provider or indigent health care clinic and/or their employee(s) is sued by the recipient of eligible care, they must request representation from the State in writing within 15 days after service of process or subpoena (KSA 75-6108(e)). Charitable providers or indigent health care clinics and/or their employee(s) served with a summons or petition should immediately contact the Attorney General's office at 785-296-2215.