Legal Memorandum: Charitable Health Care Provider under KTCA

Issue: Whether a nursing home a can be considered "charitable health care provider" under the Kansas Tort Claims Act ("KTCA")?

The KTCA provides in part: "Subject to the limitations of this Act, each governmental entity shall be liable for damages caused by the negligent or wrongful act or omission of any of its employees while acting within the scope of their employment."  A "governmental entity" is defined as "state" or "municipality."  Kan. Stat. § 75-6102(c) (2000).  "State" means the State of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumentality thereof.  Id. § 75-6102(a).  "Municipality" means any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof.  Id. § 75-6102(b).  The KTCA applies to a "charitable health care provider.”  Kan. Stat. § 75-6115.  A "charitable health care provider" is defined as any of the following who has entered into an agreement with the Secretary of Health and Environment, who, pursuant to such agreement, gratuitously renders professional services to a medically indigent person or a Kansas state employee who is receiving medical assistance: (1) a person licensed by the Kansas Board of Healing Arts as an exempt licensee or a federally active licensee; (2) a person issued a limited permit by the Kansas Board of Healing Arts; (3) a physician’s assistant registered by the Kansas Board of Healing Arts; or (4) a health care provider.  Kan. Stat. § 75-6102.

Accordingly, if a nursing home or its employees could be considered any one of the individuals listed above and has entered into an […]