40-3226. Confidentiality of medical information.
40-3226
40-3226. Confidentiality of medical information.(a) Notwithstanding the provisions of K.S.A. 40-3212, and amendmentsthereto, anydata or information pertaining to the diagnosis, treatment or health ofany enrollee or applicant obtained from such person or from any providerby any health maintenance organization shall be held in confidence andshall not be disclosed to any person except to the extent that it may benecessary to carry out the purposes of this act, or upon the expressconsent of the enrollee or applicant or as otherwise provided by law, exceptthat in no case shall the name of an enrollee orapplicant be disclosed in any data pertaining to the diagnosis,treatment or health of such enrollee or applicant in any medical reviewprocedure or in any report required under the provisions of this act orthe rules and regulations issued pursuant thereto unless such enrolleeor applicant has expressly consented thereto. A health maintenanceorganization shall be entitled to claim any statutory privileges againstsuch disclosure which the provider who furnished such information to thehealth maintenance organization is entitled to claim.
(b) Upon the express request of the enrollee, a complete record of anydata or information pertaining to the diagnosis, treatment or health of suchenrollee obtained from such person or from any provider by any healthmaintenance organization shall be provided to another health care providerdesignated by such enrollee when such enrolleeis no longer an enrollee of such health maintenance organization.
History: L. 1974, ch. 181, § 26;L. 1994, ch. 81, § 2; July 1.