Charitable Health Program

The Charitable Health Care Provider Program began in 1991 as a way to increase the provision of medical care to the medically indigent by providing liability coverage to health care professionals in exchange for their services. The Charitable Health Care Provider program allows health care providers who give provide gratuitous care to the medically indigent to be included for liability purposes under the Kansas Tort Claims Act.

The Kansas Tort Claims Act also provides coverage to indigent health care clinics and their employees for liability purposes. Indigent Health Care clinics are medical care clinics operated on a not-for-profit basis with an agreement in effect with the Secretary of the Kansas Department of Health and Environment.

If a charitable provider or indigent health care clinic and/or their employee(s) is sued by the recipient of eligible care, they must request representation from the state in writing within 15 days after service of process or subpoena (KSA 75-6108(e)). Charitable providers or indigent health care clinics and/or their employee(s) served with a summons or petition should immediately contact the Attorney General´s office at 785-296-2215.

Beginning July 1, 2010, mental health professionals licensed by the Kansas Behavioral Sciences Regulatory Board became eligible to provide care through the program. These professions include: Psychologists, Masters Level Psychologists, Licensed Clinical Psychotherapists, Licensed Associate Social Workers, Licensed Baccalaureate Social Workers, Licensed Master Social Workers, Licensed Clinical Social Workers, Professional Counselors, Licensed Clinical Professional Counselors, Marriage and Family Therapists, and Licensed Clinical Marriage, and Family Therapists

Charitable Health Care Providers may provide care on their own or through a local health department, indigent health care clinic, or dental event sponsored by a non-profit organization.

Eligible Recipients: Persons eligible to receive care from charitable health care providers include the medically indigent. Medical indigency is defined in K.A.R. 28-53-3 as having no health insurance and being at or below 200% of the federal poverty level or being enrolled in publicly funded health care programs administered by the Kansas Health Policy Authority or Indian Health Services.

The Kansas Department of Health and Environment:

  • Enrolls and maintains a list of providers with agreements in force with the Secretary of KDHE to serve as Charitable Health Care Providers;
  • Enrolls and maintains a list of indigent health care clinics with an agreement in force with the Secretary of KDHE; and
  • Maintains records of program participation through annual reports on activities submitted by charitable health care providers, indigent health care clinics, and local health departments.