65-6801. Health care database; legislative intent; use of information. (a) The legislature recognizes the urgent need to provide health care consumers, third-party payors, providers and health care planners with information regarding the trends in use and cost of health care services in this state for improved decision-making. This is to be accomplished by compiling a […]
65-6802. Same; request for and use of data by department of health services administration of university of Kansas. (a) The department of health services administration of the university of Kansas and any institute or center established in association with the department is hereby authorized to request data for the purposes of conducting research, policy analysis […]
65-6803. Same; appointment of task forces; health care data policies and procedures. (a) The secretary of health and environment may appoint a task force or task forces of interested citizens and providers of health care for the purpose of studying technical issues relating to the collection of health care data. The secretary of health and […]
65-6804. Health care database; duties of the secretary of health and environment; health data collection contracts; acceptance of data; system of fees; rules and regulations; data confidential; penalties for violations. (a) The secretary of health and environment shall administer the health care database. In administering the health care database, the secretary shall receive health care […]
65-6805. Same; medical, health care and other entities to file health care data; exception. Each medical care facility as defined by K.S.A. 65-425, and amendments thereto; health care provider as defined in K.S.A. 40-3401, and amendments thereto; providers of health care as defined in K.S.A. 65-5001, and amendments thereto; health care personnel as defined in […]
65-6806. Same; availability of data. The department of health and environment shall make the data available to interested parties on the basis prescribed by the department and as directed by rules and regulations. History: L. 1993, ch. 174, § 6; L. 2005, ch. 187, § 34; L. 2012, ch. 102, § 29; July 1.
65-6807. Same; annual report to governor and legislature. The department of health and environment shall on or before February 1 each year make a report to the governor and the legislature as to health care data activity, including examples of policy analyses conducted and purposes for which the data was disseminated and utilized, and as […]
65-6809. Health care database fee fund; fees credited; authorized uses; interest earnings credited; administration. (a) There is hereby established in the state treasury the health care database fee fund. The secretary of health and environment shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys collected […]
65-6821. Kansas health information technology act. K.S.A. 65-6821 through 65-6834 and 65-6835, and amendments thereto, shall be known and may be cited as the Kansas health information technology act. History: L. 2011, ch. 114, § 21; L. 2013, ch. 112, § 8; July 1.
65-6822. Same; definitions. As used in the Kansas health information technology act: (a) “Act” means the Kansas health information technology act. (b) “Approved health information organization” means a health information organization operating in the state under a valid certificate of authority issued by the department. (c) “Authorization” means a document that permits a covered entity […]
65-6823. Same; purpose. It is the purpose of this act to harmonize state law with the HIPAA privacy rule with respect to individual access to protected health information, proper safeguarding of protected health information, and the use and disclosure of protected health information for purposes of facilitating the development and use of health information technology […]
65-6824. Same; duties of covered entity. (a) A covered entity shall provide an individual or such individual’s personal representative with access to the individual’s protected health information maintained, collected, used or disseminated by or for the covered entity in compliance with 45 C.F.R. § 164.524, except that a covered entity which is defined as a […]
65-6825. Same; use and disclosure of protected health information. (a) No covered entity shall use or disclose protected health information except as follows: (1) In a manner consistent with an authorization that satisfies the requirements of 45 C.F.R. § 164.508; (2) in a manner as permitted under 45 C.F.R. §§ 164.502, 164.506, 164.508, 164.510 and […]
65-6828. Same; controlling law on confidentiality of protected health information. To the extent any provision of state law regarding the confidentiality, privacy, security or privileged status of any protected health information conflicts with, is contrary to, or more stringent than the provisions of this act, the provisions of this act shall control, except that: (a) […]
65-6829. Same; disclosure of protected health information, when required or permitted. A covered entity may disclose protected health information without authorization to any state agency for any public health purpose that is required by law. Nothing in this act shall be construed to limit the use, transfer or disclosure of protected health information as required […]
65-6830. Same; health information organizations; standards for approval and operation. (a) The department shall establish and revise, as appropriate, standards for the approval and operation of statewide and regional health information organizations operating in the state as approved health information organizations including, but not limited to, the following: (1) Adherence to nationally recognized standards for […]
65-6831. Same; process established for approval and investigation of HIOs. The department shall establish and implement: (a) A process by which a health information organization may apply for and receive a certificate of authority issued by the department by demonstrating compliance with the standards promulgated by the department pursuant to K.S.A. 65-6830, and amendments thereto; […]
65-6832. Same; participation agreements; specification of procedures and requirements. The department shall establish requirements to be used by approved health information organizations in participation agreements with covered entities and shall include the following: (a) Specification of procedures by which an individual’s protected health information will be disclosed by covered entities, will be collected by approved […]
65-6833. Same; health information organizations; eligibility for financial support from the state. Any health information organization which is not an approved health information organization shall not be eligible for any financial support from the state, or assistance or support from the state in securing any other source of funding. History: L. 2011, ch. 114, § […]
65-6834. Same; use and disclosure of protected health information; immunity from liability. (a) No use or disclosure of protected health information maintained by or on an approved health information organization shall be made except pursuant to rules and regulations adopted by the department consistent with this act. An approved health information organization that uses or […]
