An Act concerning professional liability insurance for health care providers; relating to certain reports; amending K.S.A. 40-1128 and 40-1129 and K.S.A. 1995 Supp. 40-1126 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1995 Supp. 40-1126 is hereby amended to read as follows: 40-1126. (a) Every insurer providing professional liability insur- ance to a health care provider who is licensed, registered or certified by the state board of healing arts and covered by the health care stabilization fund established pursuant to subsection (a) of K.S.A. 40-3403, and amendments thereto, or entity with whom the insurer contracts for pur- poses of complying with this act shall report to the commissioner of in- surance state board of healing arts any action for damages for personal injuries or loss claimed to have been caused by error, omission, or neg- ligence in performance of such insured's professional services or based on a claimed performance of professional services without consent, upon final disposition of the action.

(b) Reports of the information required by subsection (a) shall be filed with the commissioner of insurance state board of healing arts no later than 30 days following the final disposition of the action. The com- missioner of insurance shall provide a copy of each such report to the state board of healing arts.

(c) Failure to report the information required by subsection (a) shall constitute a violation of K.S.A. 40-1120, and amendments thereto, and shall be subject to penalties applicable thereto.

Sec. 2. K.S.A. 40-1128 is hereby amended to read as follows: 40- 1128. The commissioner of insurance state board of healing arts shall make such reports available to the public in a manner which will not reveal the names of any person or facility involved.

Sec. 3. K.S.A. 40-1129 is hereby amended to read as follows: 40- 1129. There shall be no liability on the part of and no cause of action of any nature shall arise against any insurer reporting hereunder or its agents or employees, or the commissioner of insurance or the commissioner's state board of healing arts or the board's employees, for any action taken by them pursuant to this act.

Sec. 4. K.S.A. 40-1128 and 40-1129 and K.S.A. 1995 Supp. 40-1126 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 22, 1996.