As you have heard, the Kansas Supreme Court recently ruled that existing caps on non-economic damages from personal injury and medical malpractice are unconstitutional. During last week’s meeting of the Health Care Stabilization Fund (HCSF) Board of Governors much discussion took place regarding the ruling. Because caps have been in place for so many years, the potential impact of this ruling is unknown. The Board of Governors will be meeting with the actuary of the HCSF soon. Stakeholders including the Kansas Medical Society, Kansas Hospital Association, Kansas Chamber and KaMMCO will be meeting to discuss potential action. Actions and/or remedies could be on the judicial, legislative or constitutional front. Stay tuned.
In other HCSF business, the Board of Governors elected Kevin McFarland as Vice Chair of the Board for 2019-20.