65-6804. Health care database; duties of Kansas health policy authority; health data collection contracts; acceptance of data; system of fees; rules and regulations; data confidential; penalties for v

65-6804

Chapter 65.--PUBLIC HEALTH
Article 68.--HEALTH CARE DATA

      65-6804.   Health care database; duties of Kansashealth policy authority; health data collection contracts; acceptance of data;system of fees; rules and regulations; data confidential;penalties for violations.(a) The Kansas health policyauthority shall administer thehealth care database. Inadministering the health care database, the authorityshall receive health caredatafrom those entities identified in K.S.A. 65-6805 and amendmentsthereto and providefor the disseminationof such data.

      (b)   The Kansas health policy authority maycontract with anorganization experienced in health care data collection to collect the datafrom the health care facilities as described in subsection (h) of K.S.A. 65-425and amendments thereto, build and maintain the database.The Kansas health policyauthority may accept data submitted byassociations or related organizations on behalf of health care providers byentering into binding agreements negotiated with such associations or relatedorganizations to obtain data required pursuant to this section.

      (c)   The Kansas health policyauthority shall adopt rules andregulationsgoverning the acquisition, compilation and dissemination of all data collectedpursuant to this act. The rules and regulations shall provide at a minimumthat:

      (1)   Measures have been taken to provide system security for all data andinformation acquired under this act;

      (2)   data will be collected in the most efficient and cost-effective mannerfor both the department and providers of data;

      (3)   procedures will be developed to assure the confidentiality of patientrecords;

      (4)   users may be charged for data preparation or information that is beyondthe routine data disseminated and that the authorityshall establish by theadoption of such rules andregulations a system of fees for such data preparation ordissemination; and

      (5)   the Kansas health policyauthority will ensure that the health caredatabase will be keptcurrent, accurate and accessible as prescribed by rules and regulations.

      (d)   Data and other information collected pursuant to this act shall not bedisclosed by the Kansas healthpolicy authority or made public in any mannerwhich would identify individuals.A violation of this subsection (d) is a class C misdemeanor.

      (e)   In addition to such criminal penalty under subsection (d), anyindividual whose identity is revealed in violation of subsection (d) may bringa civil action against the responsible person or persons for any damages tosuch individual caused by such violation.

      History:   L. 1993, ch. 174, § 4;L. 1994, ch. 90, § 3;L. 1995, ch. 260, § 9;L. 2000, ch. 131, § 3;L. 2005, ch. 187, § 32; Jan. 1, 2006.