Session Law

Identifying Information:L. 2002 ch. 165
Other Identifying Information:2002 Senate Bill 119*
Tax Type:Other
Brief Description:An Act concerning access to health care records by patients, authorized representatives and certain other persons and entities; relating to fees; claims or actions to enforce.
Keywords:


Body:

CHAPTER 165

SENATE BILL No. 119*

An Act concerning access to health care records by patients, authorized representatives

and certain other persons and entities; relating to fees; claims or actions to enforce.


Be it enacted by the Legislature of the State of Kansas:

Section 1. As used in this act: (a) ``Health care provider'' means those

persons and entities defined as a health care provider under K.S.A. 40-

3401 and K.S.A. 7-121b, and amendments thereto, except that ``health

care provider'' shall not include a health maintenance organization.

(b) ``Authorized representative'' means the person designated in writ-

ing by the patient to obtain the health care records of the patient or the

person otherwise authorized by law to obtain the health care records of

the patient.

(c) ``Authorization'' means a written or printed document signed by

a patient or a patient's authorized representative containing: (1) A de-

scription of the health care records a health care provider is authorized

to produce; (2) the patient's name, address and date of birth; (3) a des-

ignation of the person or entity authorized to obtain copies of the health

care records; (4) a date or event upon which the force of the authorization

shall expire which shall not exceed one year; (5) if signed by a patient's

authorized representative, the authorized representative's name, address,

telephone number and relationship or capacity to the patient; and (6) a

statement setting forth the right of the person signing the authorization

to revoke it in writing.

Sec. 2. (a) Subject to applicable law, copies of health care records

shall be furnished to a patient, a patient's authorized representative or

any other person or entity authorized by law to obtain or reproduce such

records, within 30 days of the receipt of the authorization, or the health

care provider shall notify the patient or the patient's authorized repre-

sentative of the reasons why copies are not available. A health care pro-

vider may withhold copies of health care records if the health care pro-

vider reasonably believes that providing copies of the requested records

will cause substantial harm to the patient or another person. Health care

providers may condition the furnishing of the patient's health care records

to the patient, the patient's authorized representative or any other person

or entity authorized by law to obtain or reproduce such records, upon

the payment of charges not to exceed a $15 fee for the cost of supplies

and labor; and for copies of health care records routinely duplicated on

a standard photocopy machine, $.50 per page for the first 250 pages and

$.35 per page for additional pages. Providers may charge for the reason-

able cost of all duplications of health care record information which can-

not be routinely duplicated on a standard photocopy machine.

(b) On January 1, 2004, and annually thereafter, the fees set forth in

subsection (a) shall be increased by the secretary of human resources in

accordance with the all-items consumer price index published by the

United States department of labor.

Sec. 3. Any health care provider, patient, authorized representative

or any other entity authorized by law to obtain or reproduce such records

may bring a claim or action to enforce the provisions of this act. The

petition shall include an averment that the party bringing the action has

in good faith conferred or attempted to confer with the other party con-

cerning the matter in dispute without court action. Upon a showing that

the failure to comply with this act was without just cause or excuse, the

court shall award the costs of the action and order the records produced

without cost or expense to the prevailing party.

Sec. 4. Nothing in this act shall be construed to prohibit the state

board of healing arts from adopting and enforcing rules and regulations

not inconsistent with this act that require licensees of the board to furnish

health care records to patients or to their authorized representative. To

the extent that the board determines that an administrative disciplinary

remedy is appropriate for violation of such rules and regulations, that

remedy is separate from and in addition to the provisions of this act.

Sec. 5. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved May 29, 2002.

Published in the Kansas Register June 6, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002