Ky. Rev. Stat. » Chapter 164
Kentucky Revised Statutes

Ky. Rev. Stat. § 164.939 (2026)

Legislative purpose

✓ current as of May 2026
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It is the purpose of KRS 164.939 to 164.944 to promote the health and general welfare of the people of the Commonwealth by authorizing the University of Kentucky to establish from its own funds other than general tax revenues a basic coverage compensation fund to assure itself that health care malpractice claims or judgments against itself, or its agents will be satisfied. Such purpose is hereby declared to be a public purpose for which public funds may be expended. History: Created 1976 Ky. Acts ch. 348, sec. 1.

Notes of Decisions
Cited in 6 cases, 1979–2001 · leading case: Withers v. Univ. of Kentucky, 939 S.W.2d 340 (Ky. 1997).
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Withers v. Univ. of Kentucky, 939 S.W.2d 340 (Ky. 1997). · cites it 10× “Appellants contend that KRS 164.939 et seq., the "University of Kentucky Medical Center Malpractice Insurance Act," constitutes an express waiver of sovereign immunity.”
Dunlap v. Univ. of Kentucky Student Health Servs. Clinic, 716 S.W.2d 219 (Ky. 1986). · cites it 4× “944 to promote the health and general welfare of the people of the Commonwealth by authorizing the University of Kentucky to establish from its own funds other than general tax revenues a basic coverage compensation fund to assure itself that health care malpractice claims or…”
Reyes v. Hardin Cnty., 55 S.W.3d 337 (Ky. 2001). · cites it 2× “2d 219 (1986), construing KRS 164.939 (“[T]he University of Kentucky [is authorized to] establish from its own funds other than general tax revenues a basic coverage compensation fund.”
Frederick v. Univ. of Kentucky Med. Ctr., 596 S.W.2d 30 (Ky. Ct. App. 1979). · cites it 5× “The appellant maintains that through enactment in 1976 of KRS 164.939 to 164.944 the General Assembly intended to and did waive sovereign immunity as to medical malpractice claims against the Medical Center.”
Blue v. Pursell, 793 S.W.2d 823 (Ky. Ct. App. 1989). “2d 219 (1986), which held that The University of Kentucky Medical Center Malpractice Insurance Act, KRS 164.939 et seq., constituted a partial waiver of governmental immunity for the hospital to the extent that the insurance fund had been provided for by the statute.”
Bd. of Trs. v. Commonwealth ex rel. Stephens, 625 S.W.2d 867 (Ky. Ct. App. 1981). · cites it 6× “This appeal arises from a declaratory judgment in which the Franklin Circuit Court upheld the constitutionality of KRS 164.939 et seq. and further found that employees who share in clinically generated income are agents of the University of Kentucky, as defined in KRS 164.”
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