Title XXV, Business and Financial Institutions

(1) Reparation obligors providing basic reparation insurance in this Commonwealth may organize and maintain, subject to approval and regulation by the commissioner of insurance, an assigned claims bureau and an assigned claims plan and adopt rules for their operation and for asse…

(1) Except as provided in subsection (2), a person authorized to obtain basic reparation benefits through the assigned claims plan shall notify the bureau of his claim within the time that would have been allowed for commencing an action for those benefits if there had been ident…

A person who converts a motor vehicle is disqualified from basic or added reparation benefits, including benefits otherwise due him as a survivor, from any source other than an insurance contract under which the converter is a basic or added reparation insured, for injuries arisi…

A person intentionally causing or attempting to cause injury to himself or another person is disqualified from basic or added reparation benefits for injury arising from his acts, including benefits otherwise due him as a survivor. If a person dies as a result of intentionally ca…

(1) (a) Basic and added reparation benefits are payable monthly as loss accrues. (b) Loss accrues not when injury occurs, but as work loss, replacement services loss, or medical expense is incurred. (c) Benefits are overdue if not paid within thirty (30) days after the reparation…

relationship -- Reparations benefits. (1) As used in this section and in KRS 304.99-060: (a) "Compensation arrangement" has the same meaning as in 42 U.S.C. sec. 1395nn, as amended; and (b) "Health care provider" or "provider" means: 1. An individual who is licensed under KRS 309…

(1) If overdue benefits are recovered in an action against the reparation obligor or paid by the reparation obligor after receipt of notice of the attorney's representation, a reasonable attorney's fee for advising and representing a claimant on a claim or in an action for basic …

(1) If no basic or added reparation benefits have been paid for loss arising otherwise than from death, an action therefor may be commenced not later than two (2) years after the injured person suffers the loss and either knows, or in the exercise of reasonable diligence should k…

Direction of payment to reimburse for medical expenses already paid. An insured may direct the payment of benefits among the different elements of loss, if the direction is provided in writing to the reparation obligor. A reparation obligor shall honor the written direction of be…

modification of charges. A reparation obligor may request or negotiate a reduction or modification of charges from a provider of services to a secured person. In no event shall a provider of services which agrees to a reduction or modification of the charges bill the secured pers…

Except as otherwise provided in this subtitle, basic reparation benefits shall be paid without deduction or set-off.

(1) Basic or added reparation benefits for medical expense are exempt from garnishment, attachment, execution, and any other process or claim, except upon a claim of a creditor who has provided products, services, or accommodations. (2) Basic reparation benefits other than those …

(1) If the mental or physical condition of a person is material to a claim for past or future basic or added reparation benefits, the reparation obligor may petition the circuit court for an order directing the person to submit to a mental or physical examination by a physician. …

(1) Upon request of a basic or added reparation claimant or reparation obligor, information relevant to a claim for basic or added reparation benefits shall be disclosed as follows: (a) An employer shall furnish a statement of the work record and earnings of an employee upon whos…

-- Powers -- Duties. (1) There is created a nonprofit unincorporated legal entity to be known as the Kentucky Insurance Arbitration Association to provide a mechanism for the reimbursement, among reparation obligors of losses paid as basic or added reparation benefits, based sole…

The commissioner may adopt rules to provide effective administration of this subtitle which are consistent with the purposes of this subtitle and fair and equitable to all persons whose interests may be affected.

(1) All reparation obligors shall be obligated to provide to a reparation insured or an insured person who has rejected his tort limitations as provided in KRS 304.39-060 a certificate or other evidence of insurance whenever coverage required by KRS 304.39-110 is issued or renewe…

(1) As used in this section, "underinsured motorist" means a party with motor vehicle liability insurance coverage in an amount less than a judgment recovered against that party for damages on account of injury due to a motor vehicle accident. (2) Every insurer shall make availab…

(1) The rates for bodily injury liability in the amounts specified in KRS 304.39-110 combined with the rates for uninsured motorists coverage in equal amounts and for basic reparation benefits coverage shall be reduced by each insurer by not less than ten percent (10%) as of the …

(1) Except as provided in subsection (2), if any provisions of this subtitle or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this subtitle and the application of such provision to other persons or circ…

fees remitted by electronic submission. (1) The commissioner shall by regulation prescribe the fees charged by the commissioner and the services for which fees shall be charged, including the following fees: (a) For copies of any document on file with the commissioner, per page, …

The commissioner shall promptly pay into the State Treasury all fees, licenses, and charges collected under the provisions of KRS 304.4-010.

Each domestic mutual insurer shall file with the Department of Revenue each year by March 1, a report showing the premiums paid by it during the preceding calendar year to all reinsurers, and shall accompany such report with payment of a tax of two percent (2%) of the amount of p…

(1) As used in this section, "licensee" means an individual or entity that holds a license issued by the commissioner or department. (2) The commissioner may revoke the certificate of authority of any insurer which fails to pay when due any taxes, fees, licenses, and other charge…

The declaration of legislative policy of KRS 304.40-030 to 304.40-140 is as follows: It is hereby declared by the General Assembly of the Commonwealth of Kentucky that the availability of health care liability insurance for physicians and surgeons, dentists, registered nurses, ho…

As used in KRS 304.40-030 to 304.40-140: (1) "Association" means the joint underwriting association established pursuant to the provisions of KRS 304.40-030 to 304.40-140. (2) "Medical malpractice insurance" means insurance as defined in KRS 304.5- 070(1)(j). (3) "Commissioner" m…

Termination -- Powers of association. (1) A temporary joint underwriting association is hereby created, consisting of all insurers authorized to write and engage in writing in this state on a direct basis the following lines of insurance, as reported in the companies' annual stat…

Amendments. (1) Within forty-five (45) days following the order of the commissioner implementing the operation of the association, the directors of the association shall submit to the commissioner for review a proposed plan of operation, consistent with the provisions of this sub…

retrospective rating plan -- Deficit -- Contributions by members. (1) All policies issued by the association shall be written for the term of one (1) year. The directors of the association may elect to issue policies on an occurrence basis or a claims made basis. No policy form s…

trustee to hold moneys -- Refund. (1) There is hereby created a stabilization reserve fund which shall be administered by three (3) directors, one (1) of whom shall be the commissioner or the commissioner's deputy. The remaining two (2) directors shall be appointed by the commiss…

coverage. (1) Any licensed physician, hospital, or other licensed health care provider shall, on or after the effective date of the plan of operation, be entitled to apply to the association for medical malpractice insurance coverage. Such application may be made on behalf of an …

Scope of coverage -- Premiums -- Registration of providers -- Review -- Availability of information. (1) As used in this section, unless the context requires otherwise: (a) "Charitable health care provider" has the same meaning as in KRS 216.940; (b) "Medical malpractice insurer"…

All insurers which are members of the association shall participate in its writings, expenses, servicing, allowance, management fees, and losses in the proportion that the net direct premiums of each such member, excluding that portion of premiums attributable to the operation of…

The association shall be governed by a board of thirteen (13) directors. Five (5) directors shall be elected by the insurance companies which are members of the association, at a meeting of the member companies at a time and place designated by the commissioner, by cumulative vot…

(1) Any applicant to the association, any person insured pursuant to KRS 304.40-030 to 304.40-140, or their representatives, or any affected insurer, may appeal to the commissioner within thirty (30) days after any rule, action, or decision by or on behalf of the association, wit…

The association shall file in the office of the commissioner annually, on or before the first day of each March, a statement containing information with respect to its transaction, condition, operations, and affairs during the preceding year. Such statement shall contain such mat…

The commissioner shall make an examination into the affairs of the association at least annually. Such examination shall be conducted and the report thereon filed in the manner prescribed in KRS Chapter 304, Subtitle 2. The expenses of such examinations shall be paid by the assoc…

There shall be no liability on the part of, and no cause of action of any nature shall arise against the association, the commissioner or the commissioner's authorized representatives or any other person or organization, for any statements or actions made in good faith by them du…

No member of the board of directors of the stabilization reserve fund who is otherwise a public officer or employee shall suffer a forfeiture of his office or employment or any loss or diminution in the rights and privileges appertaining thereto, by reason of membership on the bo…

It is the purpose of KRS 304.40-260 to 304.40-320 to promote the health and general welfare of the inhabitants of the Commonwealth through the adoption of reforms in health care malpractice claims. Such purpose is hereby declared to be a public purpose for which public funds may …

As used in KRS 304.40-250 to 304.40-320, the following words and terms shall be defined as follows: (1) "Health care provider" means any physician, osteopath, dentist, podiatrist, nurse or nurse's assistant, certified registered nurse anesthetist, physical or occupational therapi…

(1) In any malpractice action against any health care provider, no payment made or offered by or on behalf of the health care provider to the claimant to meet the reasonable expenses of health care, custodial care, loss of earnings, rehabilitation care, or other essential goods o…

In any malpractice action in which more than one (1) health care provider is named as a defendant concerning a single injury, the jury shall be instructed that it may apportion damages in different percentages against the defendants or may return a verdict of joint and several li…

No malpractice liability shall be imposed upon any health care provider on the basis of an alleged breach of any guaranty, warranty, contract or assurance of results to be obtained from any procedure undertaken in the course of providing health care, unless such guaranty, warrant…

(1) All malpractice claims settled or adjudicated to final judgment against a health care provider shall be reported to the commissioner of insurance by the malpractice insurer of the health care provider or the health care provider if self-insured, within sixty (60) days followi…

In any action brought for treating, examining, or operating on a claimant wherein the claimant's informed consent is an element, the claimant's informed consent shall be deemed to have been given where: (1) The action of the health care provider in obtaining the consent of the pa…