(1) "Basic coverage compensation fund" means the fund which may be established by
the University of Kentucky for the purpose of paying claims or judgments for
personal injury or death to patients resulting from any tort or breach of duty based
on health care services rendered or which should have been rendered by the
university or its agents. This fund shall include all annual contributions made to the
fund by the university.
(2) "Secretary" means the secretary of the Finance and Administration Cabinet.
(3) "Agents" means members of the board of trustees of the university, its faculty,
hospital staff, nurses, nurses' aides, volunteer workers, employees and students and
all other persons involved in furnishing health care within the scope of their duties
or courses of study in connection with the University of Kentucky. Employed
physicians and dentists are agents of the university and within the scope of their
duties when rendering professional services in emergencies and other special
circumstances so long as such services do not constitute private practice for which
the physician or dentist derives income.
(4) "University" means the University of Kentucky.
(5) "Excess coverage fund" means funds available through appropriations made by the
General Assembly to pay judgments hereunder upon exhaustion of the basic
coverage compensation fund.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 394, sec. 1, effective June 17, 1978. -- Created
1976 Ky. Acts ch. 348, sec. 2.
Notes of Decisions
Withers v. Univ. of Kentucky, 939 S.W.2d 340 (Ky. 1997).
· cites it 2× “If the basic malpractice insurance fund is depleted or exhausted, the General Assembly has provided that claims will be satisfied from an excess coverage fund in KRS 164.940(5). A review of these statutes clearly indicates that the legislature has provided the means to insure…”
Frederick v. Univ. of Kentucky Med. Ctr., 596 S.W.2d 30 (Ky. Ct. App. 1979).
“KRS 164.940(1) defines the fund as one for the purpose of paying claims or judgments for personal injury or death to patients resulting from any tort or breach of duty based on health care services rendered “by the university or its agents.”
Bd. of Trs. v. Commonwealth ex rel. Stephens, 625 S.W.2d 867 (Ky. Ct. App. 1981).
· cites it 5× “and further found that employees who share in clinically generated income are agents of the University of Kentucky, as defined in KRS 164.940(3) and that providing them with malpractice insurance is a matter of public concern not viola-tive of § 3 and § 171 of the Kentucky…”
— Ky. Rev. Stat. § 164.940(1) — 1 case
Frederick v. Univ. of Kentucky Med. Ctr., 596 S.W.2d 30 (Ky. Ct. App. 1979).
“KRS 164.940(1) defines the fund as one for the purpose of paying claims or judgments for personal injury or death to patients resulting from any tort or breach of duty based on health care services rendered “by the university or its agents.”
— Ky. Rev. Stat. § 164.940(3) — 1 case
Bd. of Trs. v. Commonwealth ex rel. Stephens, 625 S.W.2d 867 (Ky. Ct. App. 1981).
“and further found that employees who share in clinically generated income are agents of the University of Kentucky, as defined in KRS 164.940(3) and that providing them with malpractice insurance is a matter of public concern not viola-tive of § 3 and § 171 of the Kentucky…”
— Ky. Rev. Stat. § 164.940(5) — 2 cases
Withers v. Univ. of Kentucky, 939 S.W.2d 340 (Ky. 1997).
“If the basic malpractice insurance fund is depleted or exhausted, the General Assembly has provided that claims will be satisfied from an excess coverage fund in KRS 164.940(5). A review of these statutes clearly indicates that the legislature has provided the means to insure…”
Bd. of Trs. v. Commonwealth ex rel. Stephens, 625 S.W.2d 867 (Ky. Ct. App. 1981).
“and further found that employees who share in clinically generated income are agents of the University of Kentucky, as defined in KRS 164.940(3) and that providing them with malpractice insurance is a matter of public concern not viola-tive of § 3 and § 171 of the Kentucky…”
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