39-1411. Register of reports; findings forwarded to certain state regulatory authorities; consideration of findings; certain information confidential and not subject to open records act; disclosure of
39-1411
39-1411. Register of reports;findings forwarded to certainstate regulatory authorities; consideration of findings; certain informationconfidential and not subject to open records act; disclosure of certainindividuals prohibited.(a) The secretary of aging shall maintaina register of the reports received and investigated by the department onaging under K.S.A. 39-1402 and 39-1403,and amendments to such sections, and the findings, evaluations and actionsrecommended by the department on aging with respect to such reports.The secretary of health and environment shall maintain a register of thereports received and investigated by the department of health and environmentunder K.S.A. 39-1402 and 39-1403, and amendments thereto, and the findings,evaluations and actions recommended by the department of health and environmentwith respect to such reports.The findings, evaluations and actions shall be subject to the Kansasadministrative procedure act and anyrequirements of state or federal law relating theretoexcept that the secretary shall not be required to conduct a hearing in casesforwarded to the appropriate state authority under subsection (b). Theregister shall be available for inspection by personnel of the department ofhealth and environment or the department on aging as specified by thesecretary of health and environment or the secretary of aging and tosuch other persons as may be required by federal law and designated by thesecretary of health and environment or the secretary of aging by rulesand regulations. Information from the register shall be provided as specifiedin K.S.A. 65-6205 and amendments thereto.
(b) The secretary of aging shall forwardany findingof abuse, neglect or exploitation alleged to be committed by a provider ofservices licensed, registered or otherwise authorized to provide services inthis state to the appropriate state authority which regulates such provider.The secretary of health and environment shall forward any finding of abuse,neglect or exploitation alleged to be committed by a provider of serviceslicensed, registered or otherwise authorized to provide services in this stateto the appropriate state authority which regulates such provider.The appropriate state regulatory authority, after notice to the allegedperpetrator and a hearing on such matter if requested by the allegedperpetrator, may consider the finding in any disciplinary action taken withrespect to the provider of services under the jurisdiction of such authority.The secretary of aging may consider thefinding of abuse, neglect or exploitation in any licensing action taken withrespect to any adult care home or medical care facility under the jurisdictionof the secretary of aging.The secretary of health and environment may consider the finding of abuse,neglect or exploitation in any licensing action taken with respect to anymedical care facility under the jurisdiction of the secretary of health andenvironment.
(c) If the investigation of the department of health and environment orthe department on aging indicates reason to believe that the resident is inneed of protective services, that finding and all information relating to thatfinding shall be forwarded by the secretary of health and environment or thesecretary of aging to the secretary of social and rehabilitation services.
(d) Except as otherwise provided in this section, the report received bythe department of health and environment or the department on aging andthe written findings,evaluations and actions recommended shall be confidential and shall not besubject to the open records act. Except as otherwise provided in thissection, the name of the person making the original report to thedepartment of health and environment or the department on aging or anyperson mentioned in such reportshall not be disclosed unless such person specifically requests or agreesin writing to such disclosure or unless a judicial or administrativeproceeding results therefrom. In the event that an administrative orjudicial action arises, no use of the information shall be made until thejudge or presiding officer makes a specific finding, in writing, after ahearing, that under all the circumstances the need for the informationoutweighs the need for confidentiality. Except as otherwise provided inthis section, no information contained in the register shall be madeavailable to the public in such a manner as to identify individuals.
History: L. 1990, ch. 153, § 9;L. 1991, ch. 121, § 1;L. 1997, ch. 161, § 6;L. 2000, ch. 146, § 1;L. 2003, ch. 149, § 31; July 1.