Printable Format75-6115. Claims for damages against health care providers. (a) The Kansas tort claims act shall not be applicable to claims arising from the rendering of or failure to render professional services by a health care provider other than:
(1) A charitable health care provider;
(2) a hospital owned by a municipality and the employees thereof;
(3) a local health department and the employees thereof;
(4) an indigent health care clinic and the employees thereof;
(5) a district coroner or deputy district coroner appointed pursuant to K.S.A. 22a-226, and amendments thereto; or
(6) a community mental health center and the employees thereof.
(b) Claims for damages against a health care provider that is a governmental entity or an employee of a governmental entity other than those health care providers enumerated in subsection (a), arising out of the rendering of or failure to render professional services by such health care provider, may be recovered in the same manner as claims for damages against any other health care provider.
(c) As used in this section:
(1) "Indigent health care clinic" shall have the meaning ascribed to such term under K.S.A. 75-6102, and amendments thereto.
(2) "Charitable health care provider" shall have the meaning ascribed to such term under K.S.A. 75-6102, and amendments thereto.
(3) "Health care provider" shall have the meaning ascribed to such term under K.S.A. 40-3401, and amendments thereto.
(4) "Hospital" means a medical care facility as defined in K.S.A. 65-425, and amendments thereto, and includes within its meaning any clinic, school of nursing, long-term care facility, child-care facility and emergency medical or ambulance service operated in connection with the operation of the medical care facility.
(5) "Local health department" shall have the meaning ascribed to such term under K.S.A. 65-241, and amendments thereto.
History: L. 1979, ch. 186, § 15; L. 1982, ch. 375, § 1; L. 1989, ch. 143, § 7; L. 1990, ch. 329, § 3; L. 1993, ch. 29, § 3; L. 1993, ch. 276, § 1; L. 2016, ch. 92, § 5; July 1.
Law Review and Bar Journal References:
"A Practitioner's Guide to the Kansas Tort Claims Act," Jerry R. Palmer, 48 J.B.A.K. 299, 304 (1979).
"The Kansas Tort Claims Act: The Evolving Parameters of Governmental Tort Liability," Terri Savely Bezek, 66 J.K.B.A. No. 8, 30 (1997).
Attorney General's Opinions:
Liability of state and courts for acts of probationers. 81-98.
University of Kansas institutional review boards are covered by tort claims act. 81-139.
Kansas tort claims act; indemnification of employee acting within scope of employment; inapplicable to claims against health care providers; health care provider defined. 85-29.
Public health; cities and counties; emergency medical services; liability of training personnel for care rendered pursuant to instruction. 87-172.
Kansas healing arts act; physician/employees of K.D.H.E.; exempt licensees; legal defense; tort claims act. 88-22.
Persons engaged in residency training for services to indigent health care clinics are covered under Kansas tort claims act. 93-74.
City-county health department employees are covered by the Kansas tort claims act. 94-135.
Clinic employees covered by act if municipal or state employees or contractual relation between state and employer. 2003-25.