reglab/housing_qa huggingface dataset:
KS Stat § 40-3315 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 33 - Insurance Holding Companies|40-3315 Liquidation or rehabilitation of insurer; what is recoverable by receiver.

40-3315. Liquidation or rehabilitation of insurer; what is recoverable by receiver. (a) If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under such order shall have a right to recover on behalf of the insurer:(1) From any parent corporation or holding company or person or affiliate who otherwise controlled the insurer, the amount of distributions, other than distributions of shares of the same class of stock, paid by the insurer on its capital stock; or(2) any payment in the form of a bonus, termination settlement or extraordinary lump-sum salary adjustment made by the insurer or its subsidiary or subsidiaries to a director, officer or employee, where the distribution or payment pursuant to paragraph (1) or this paragraph (2) is made at any time during the one year preceding the petition for liquidation, conservation or rehabilitation, as the case may be, subject to the limitations of subsections (b), (c) and (d).(b) No such distribution shall be recoverable if the parent or affiliate shows that when paid such distribution was lawful and reasonable, and that the insurer did not know and could not reasonably have known that such distribution might adversely affect the ability of the insurer to fulfill such insurer's contractual obligations.(c) Any person who was a parent corporation or holding company or a person who otherwise controlled the insurer or affiliate at the time such distributions were paid shall be liable up to the amount of distributions or payments under subsection (a) such person received. Any person who otherwise controlled the insurer at the time such distributions were declared shall be liable up to the amount of distributions such person would have received if they had been paid immediately. If two or more persons are liable with respect to the same distributions, they shall be jointly and severally liable.(d) The maximum amount recoverable under this subsection shall be the amount needed in excess of all other available assets of the impaired or insolvent insurer to pay the contractual obligations of the impaired or insolvent insurer and to reimburse any guaranty funds.(e) To the extent that any person liable under subsection (c) is insolvent or otherwise fails to pay claims due from such person pursuant to such paragraph, such person's parent corporation or holding company or person who otherwise controlled it at the time the distribution was paid, shall be jointly and severally liable for any resulting deficiency in the amount recovered from such parent corporation or holding company or person who otherwise controlled such person.History: L. 1991, ch. 138, § 3; July 1.
KS Stat § 40-3316 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 33 - Insurance Holding Companies|40-3316 Supervisory college; powers of commissioner.

40-3316. Supervisory college; powers of commissioner. (a) With respect to any insurer registered under K.S.A. 40-3305, and amendments thereto, and in accordance with subsection (d), the commissioner of insurance shall have the power to participate in a supervisory college for any domestic insurer that is part of an insurance holding company system with international operations in order to determine compliance by the insurer with this act.(b) The powers of the commissioner of insurance with respect to supervisory colleges include, but are not limited to, the following:(1) Initiating the establishment of a supervisory college;(2) clarifying the membership and participation of other supervisors in the supervisory college;(3) clarifying the functions of the supervisory college and the role of other regulators, including the establishment of a group-wide supervisor;(4) coordinating the ongoing activities of the supervisory college, including planning meetings, supervisory activities and processes for information sharing;(5) establishing a crisis management plan; and(6) establishing a regular assessment to the insurer for the payment of expenses incurred pursuant to subsection (c).(c) Each registered insurer subject to this section shall be liable for and shall pay the expenses, including reasonable expenses for necessary travel, the commissioner of insurance reasonably incurred with respect to the participation in a supervisory college in accordance with subsection (d). A supervisory college may be convened as either a temporary or permanent forum for communication and cooperation between the regulators charged with the supervision of the insurer or its affiliates.(d) In order to assess the business strategy, financial position, legal and regulatory position, risk exposure, risk management and governance processes, and as part of the examination of individual insurers in accordance with K.S.A. 40-3307, and amendments thereto, the commissioner of insurance may participate in a supervisory college with other regulators charged with supervision of the insurer or its affiliates, including other state, federal and international regulatory agencies. The commissioner of insurance may enter into agreements in accordance with K.S.A. 40-3308, and amendments thereto, providing the basis for cooperation between the commissioner of insurance and the other regulatory agencies, and the activities of the supervisory college. Nothing in this section shall delegate to the supervisory college the authority of the commissioner of insurance to regulate or supervise the insurer or its affiliates within the jurisdiction of the supervisory college.History: L. 2013, ch. 15, § 1; July 1.
KS Stat § 40-3317 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 33 - Insurance Holding Companies|40-3317 Citation of act.

40-3317. Citation of act. K.S.A. 40-3301 through 40-3315, and K.S.A. 40-3316 and 40-3317, and amendments thereto, shall be known and may be cited as the insurance holding company act.History: L. 2013, ch. 15, § 2; July 1.
KS Stat § 40-3403a (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3403a Termination of fund coverage; equivalent insurance required.

40-3403a. Termination of fund coverage; equivalent insurance required. Any health care provider whose fund coverage has been terminated under subsection (i) of K.S.A. 40-3403, and amendments thereto, shall, as a condition of licensure, maintain continuous professional liability insurance coverage equivalent to that provided by the fund and shall submit to the board of governors satisfactory proof of such coverage, as required by the board.History: L. 1986, ch. 229, § 21; L. 1995, ch. 145, § 3; L. 2014, ch. 56, § 8; July 1.
KS Stat § 40-3406 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3406 Investment of health care stabilization fund moneys.

40-3406. Investment of health care stabilization fund moneys. After consultation with the board of governors the director of investments may invest and reinvest moneys in the fund in accordance with investment policies established by the pooled money investment board under K.S.A. 75-4232, and amendments thereto, in the following:(a) Direct obligations of, or obligations that are insured as to principal and interest by, the United States of America or any agency thereof and obligations and securities of the United States sponsored enterprises which under federal law may be accepted as security for public funds, including investments in mortgage-backed securities;(b) repurchase agreements with a Kansas bank or primary government securities dealer which reports to the market reports division of the federal reserve bank of New York for direct obligations of, or obligations that are insured as to principal and interest by, the United States government or any agency thereof and obligations and securities of United States government sponsored enterprises which under federal law may be accepted as security for public funds;(c) commercial paper that does not exceed 270 days to maturity and which has received one of the two highest commercial paper credit ratings by a nationally recognized investment rating firm;(d) interest-bearing time deposits in any commercial bank located in Kansas;(e) the municipal investment pool fund, under K.S.A. 12-1677a, and amendments thereto; or(f) corporate bonds that are rated in one of the two highest credit rating categories by a nationally recognized investment rating firm.History: L. 1976, ch. 231, § 6; L. 1987, ch. 295, § 4; L. 1989, ch. 48, § 85; L. 1996, ch. 254, § 9; L. 2005, ch. 205, § 2; July 1.
KS Stat § 40-3407 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3407 Payments from fund; claim payments.

40-3407. Payments from fund; claim payments. (a) Except for investment purposes, all payments from the fund shall be upon warrants of the state of Kansas issued pursuant to vouchers approved by the executive director or the executive director's designee, and, with respect to claim payments, accompanied by: (1) A file stamped copy of a final judgment against a healthcare provider or inactive healthcare provider for which the fund is liable; or (2) a file stamped copy of a court approved settlement against a healthcare provider or inactive healthcare provider for which the fund is liable.(b) For investment purposes amounts shall be paid from the fund upon vouchers approved by the chairperson of the pooled money investment board.(c) Payments from the fund for attorney fees, expert witness fees, and other costs related to claims, including invoices, statements and other documentation thereof, shall not be subject to K.S.A. 45-218, and amendments thereto.History: L. 1976, ch. 231, § 7; L. 1994, ch. 155, § 5; L. 2014, ch. 56, § 11; L. 2019, ch. 62, § 8; May 30.
KS Stat § 40-3407a (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3407a Same; expenditures irrespective of time liability incurred or judgment or settlement made.

40-3407a. Same; expenditures irrespective of time liability incurred or judgment or settlement made. (a) Expenditures may be made from the health care stabilization fund for attorney fees, expenses and other costs incurred in defending the fund against claims and for judgments and settlements for which the fund is liable pursuant to subsection (c) of K.S.A. 40-3403, and amendments thereto, regardless of when such attorney fees, expenses or other costs were incurred or when any such judgment or settlement was made.(b) This section shall be part of and supplemental to the health care provider insurance availability act.History: L. 2005, ch. 205, § 1; July 1.
KS Stat § 40-3410 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3410 Negotiation of amount of claim to be paid from fund; settlement; procedure for court approval.

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 care provider covered by the fund has agreed to settle its liability on a claim against its insured or when the self-insurer has agreed to settle liability on a claim and the claimant's demand is in an amount in excess of such settlement, or where a claim is against an inactive health care provider covered by the fund who does not have liability insurance in effect which is applicable to the claim, or where it would otherwise be in the best interest of the fund, the claimant and the board of governors may negotiate on an amount to be paid from the fund. The board of governors may employ independent counsel to represent the interest of the fund in any such negotiations. In the event the claimant and the board of governors agree upon an amount the following procedure shall be followed:(a) A petition shall be filed by the claimant with the court in which the action is pending against the health care provider or the inactive health care provider, or if none is pending, in a court of appropriate jurisdiction, 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 the court's calendar permits, and notice of the time, date and place of hearing shall be given to the claimant, the health care provider or inactive health care provider, and to the board of governors.(c) At such hearing the court shall approve the proposed settlement if the court finds it to be valid, just and equitable.(d) In the event the settlement is not approved, the procedure set forth in K.S.A. 40-3411 and amendments thereto shall be followed.History: L. 1976, ch. 231, § 10; L. 1994, ch. 155, § 7; Jan. 1, 1995.
KS Stat § 40-3412 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3412 Actions against health care providers or inactive health care providers; no direct action against fund or insurer; inadmissible evidence; fund not liable for certain damages.

40-3412. Actions against health care providers or inactive health care providers; no direct action against fund or insurer; inadmissible evidence; fund not liable for certain damages. (a) Any action for personal injury or death arising out of the rendering of or the failure to render professional services by any health care provider or inactive health care provider shall be maintained against such health care provider or inactive health care provider. No claimant shall have any right of action directly against the fund. No claimant shall have any right of action under this act directly against an insurer.(b) Evidence that a portion of any verdict would be payable from insurance or the fund shall be inadmissible in any such action.(c) Nothing  in this act shall be construed to impose any liability in the fund in excess of that specifically provided for  in this act for negligent failure to settle a claim or for failure to settle a claim in good faith.(d) The fund shall have no obligations whatsoever for payment for punitive damages.(e) The fund shall not be liable to pay amounts due from a judgment against an inactive health care provider arising from the rendering of professional services as a health care provider contrary to the provisions of this act.(f) Any action for damages or for approval of a settlement as set forth in K.S.A. 40-3409, 40-3410 or 40-3411, and amendments thereto, shall be brought in a court of appropriate jurisdiction and venue.History: L. 1976, ch. 231, § 12; L. 2014, ch. 56, § 14; July 1.
KS Stat § 40-3415 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3415 Consultation and assistance in maintaining compliance with act.

40-3415. Consultation and assistance in maintaining compliance with act. The board of governors, the commissioner, the attorney general, the health care stabilization fund oversight committee and the officers and employees of the state agencies which license, register, certify or otherwise regulate health care providers are authorized and directed to consult with and assist each other in maintaining compliance with the provisions of this act.History: L. 1976, ch. 231, § 15; L. 1984, ch. 238, § 6; L. 1989, ch. 143, § 5; July 1.
KS Stat § 40-3416 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3416 Report of suspected violations to regulatory agencies; investigation; report to attorney general; injunctive relief.

40-3416. Report of suspected violations to regulatory agencies; investigation; report to attorney general; injunctive relief. When the board of governors is informed or reasonably suspects that a health care provider  licensed to render professional services is in violation of K.S.A. 40-3402, and amendments thereto, such board shall report the suspected violation to the state agency which licenses, registers or certifies such health care provider. Upon receipt of such report or other evidence of a violation of K.S.A. 40-3402, and amendments thereto, the state agency shall make such investigation as it deems necessary and take such other official action as deemed appropriate. If a violation is found to exist, the state agency shall promptly notify the attorney general of this state. Upon such notice the attorney general or county attorney of the proper county shall, in the name of the state, institute and maintain an action to enjoin the health care provider from rendering professional services in this state in the district court of the district in which such health care provider is rendering professional services.History: L. 1976, ch. 231, § 16; L. 1995, ch. 145, § 7; L. 2014, ch. 56, § 17; July 1.
KS Stat § 40-3417 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3417 Rules and regulations.

40-3417. Rules and regulations. (a) Except as otherwise provided by subsection (b), the commissioner may adopt such rules and regulations as may be deemed necessary to carry out the purposes of this act.(b) The board of governors may adopt such rules and regulations as may be deemed necessary for the administration of the fund and the powers, duties and functions of the board of governors under the health care provider insurance availability act.History: L. 1976, ch. 231, § 17; L. 1994, ch. 155, § 9; Jan. 1, 1995.
KS Stat § 40-3418 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3418 Severability of act.

40-3418. Severability of act. If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.History: L. 1976, ch. 231, § 18; July 1.
KS Stat § 40-3418a (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3418a Severability of act.

40-3418a. Severability of act. If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.History: L. 1989, ch. 143, § 9; July 1.
KS Stat § 40-3419 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3419 Title of act.

40-3419. Title of act. K.S.A. 40-3401  et seq., and amendments thereto, shall be known and may be cited as the health care provider insurance availability act.History: L. 1976, ch. 231, § 19; L. 2014, ch. 56, § 18; July 1.
KS Stat § 40-3420 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3420 Professional corporation which reorganizes as not-for-profit corporation is continuing concern for purposes of obtaining basic coverage under health care provider insurance availability act.

40-3420. Professional corporation which reorganizes as not-for-profit corporation is continuing concern for purposes of obtaining basic coverage under health care provider insurance availability act. (a) Any professional corporation organized under the professional corporation law of Kansas that reorganizes as a Kansas not-for-profit corporation and seeks to comply with the provisions of the health care provider insurance availability act shall be considered to be a continuing concern for the purposes of obtaining basic coverage pursuant to the health care provider insurance availability act and shall not be considered to be an inactive health care provider. Any insurer issuing basic coverage to such corporation shall provide coverage for all claims made during the term of the policy issued which arose while the not-for-profit corporation was operating in this state as a professional corporation under the professional corporation law of Kansas.(b) This section shall be part of and supplemental to the health care provider insurance availability act.History: L. 1982, ch. 207, § 2; April 29.
KS Stat § 40-3422 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3422 Appeal bond.

40-3422. Appeal bond. In any medical malpractice liability action, as defined by K.S.A. 60-3401, and amendments thereto, the proceedings shall be stayed on appeal by the filing of a supersedeas bond in the  amount of the judgment  for which the fund is liable. Such supersedeas bond shall be signed by the chairperson of the board of governors, or the chairperson's designee, as administrator of the health care stabilization fund without surety or other security.History: L. 1986, ch. 229, § 31; L. 1994, ch. 155, § 10; L. 2014, ch. 56, § 20; July 1.
KS Stat § 40-3423 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3423 Annuities purchased by fund.

40-3423. Annuities purchased by fund. The health care stabilization fund may own or assign any annuity purchased by the fund pursuant to K.S.A. 60-3407, 60-3409 or 60-3411 or pursuant to K.S.A. 40-3410 and amendments thereto in settlements of the liability of the fund.History: L. 1986, ch. 229, § 32; July 1.
KS Stat § 40-3424 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3424 Fund liability for judgments or settlements against inactive healthcare providers.

40-3424. Fund liability for judgments or settlements against inactive healthcare providers. (a) For all claims made on and after July 1, 2014, the amount of fund liability for a judgment or settlement against a resident or nonresident inactive healthcare provider shall be equal to the minimum professional liability insurance policy limits required pursuant to K.S.A. 40-3402, and amendments thereto, and in effect on the date of the incident giving rise to a claim, plus the level of coverage selected by the healthcare provider pursuant to K.S.A. 40-3403(l), and amendments thereto, at the time of the incident giving rise to a claim.(b) The aggregate fund liability for all judgments and settlements arising from all claims made in any fiscal year against a resident or nonresident inactive healthcare provider shall not exceed $3,000,000 in any fiscal year.For all claims made for incidents occurring on or after January 1, 2022, the aggregate fund liability for all judgments and settlements made in any fiscal year against a resident or nonresident inactive healthcare provider shall not exceed three times the coverage amount in subsection (a).History: L. 2014, ch. 56, § 1; L. 2017, ch. 35, § 4; L. 2021, ch. 108, § 18; July 1.
KS Stat § 40-3425 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 34 - Healthcare Provider Insurance|40-3425 Fund not liable for certain claims.

40-3425. Fund not liable for certain claims. (a) Notwithstanding any provision of article 34 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, to the contrary, the fund shall in no event be liable for any claim against a healthcare provider if:(1) The healthcare provider's liability for the incident giving rise to the claim is the result of professional services rendered as a charitable healthcare provider; or(2) the healthcare provider's liability for the incident giving rise to the claim is covered under the federal tort claims act pursuant to chapter 171 of title 28 of the United States code.(b) This section shall be part of and supplemental to the healthcare provider insurance availability act.History: L. 2017, ch. 35, § 1; July 1.
KS Stat § 40-3501 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 35 - Mortgage Guaranty Insurance Companies|40-3501 Title of act.

40-3501. Title of act. This act may be cited as the "mortgage guaranty insurance act."History: L. 1977, ch. 154, § 1; Jan. 1, 1978.