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Medical Malpractice

Medical professional liability (medical malpractice) is a designated commercial line of insurance under KRS 304.13-041(1). All medical malpractice rates and rules must be filed with the Division of Insurance Product Regulation. Rate or rule changes resulting in a premium effect greater than 25 percent for any classification for any 12-month period must be filed and approved prior to use.

All insurance companies offering medical professional liability insurance are required to annually provide premium, profit, and expense information related to all of their medical malpractice business. The annual data call must be submitted no later than March 1 on Form CHP-2B P&C.

All medical malpractice claims shall be reported to the department by the insurance company or provider (if self-insured) within 60 days of final settlement or disposition of the claim.