Kansas 2023-2024 Regular Session

Kansas Senate Bill SB213 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2023
2	2	SENATE BILL No. 213
3	3	By Senator Francisco
4	4	2-8
5	5	AN ACT concerning public health and welfare; relating to healthcare data;
6	6	requiring healthcare providers to charge the same amount for medical
7	7	records requests related to a patient's social security disability, workers
8	8	compensation, medical malpractice or personal injury claims whether
9	9	requested by a patient or a patient's legal representative; amending
10	10	K.S.A. 65-6821 and 65-6836 and repealing the existing sections.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 65-6821 is hereby amended to read as follows: 65-
13	13	6821. K.S.A. 65-6821 through 65-6834 and 65-6835 65-6836, and
14	14	amendments thereto, shall be known and may be cited as the Kansas health
15	15	information technology act.
16	16	Sec. 2. K.S.A. 65-6836 is hereby amended to read as follows: 65-
17	17	6836. (a) As used in this section:
18	18	(1) "Health care provider" means any person licensed by the state
19	19	board of healing arts.
20	20	(2) "Authorized representative" means the person designated in
21	21	writing by the patient to obtain the health care healthcare records of the
22	22	patient or the person otherwise authorized by law to obtain the health care
23	23	healthcare records of the patient.
24	24	(3)(2) "Authorization" means a written or printed document signed by
25	25	a patient or a patient's authorized representative containing:
26	26	(A) A description of the health care healthcare records a health care
27	27	healthcare provider is authorized to produce;
28	28	(B) the patient's name, address and date of birth;
29	29	(C) a designation of the person or entity authorized to obtain copies
30	30	of the health care healthcare records;
31	31	(D) a date or event upon which the force of the authorization shall
32	32	expire which shall not exceed one year;
33	33	(E) if signed by a patient's authorized representative, the authorized
34	34	representative's name, address, telephone number and relationship or
35	35	capacity to the patient; and
36	36	(F) a statement setting forth the right of the person signing the
37	37	authorization to revoke it in writing.
38	38	(b) Subject to K.S.A. 65-6824, and amendments thereto, except as
39	39	otherwise provided herein, copies of health care healthcare records shall
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76	76	be furnished to a patient, a patient's authorized representative or any other
77	77	person or entity authorized by law to obtain or reproduce such records,
78	78	within 30 days of the receipt of the authorization, or the health care
79	79	healthcare provider shall notify the patient or the patient's authorized
80	80	representative of the reasons why copies are not available. A health care
81	81	healthcare provider may withhold copies of health care healthcare records
82	82	if the health care healthcare provider reasonably believes that providing
83	83	copies of the requested records will cause substantial harm to the patient or
84	84	another person. Health care healthcare providers may condition the
85	85	furnishing of the patient's health care healthcare records to the patient, the
86	86	patient's authorized representative or any other person or entity authorized
87	87	by law to obtain or reproduce such records, upon the payment of charges
88	88	not to exceed those established and updated not less than every two years
89	89	by rules and regulations adopted by the state board of healing arts. In
90	90	establishing such charges, the board shall consider changes in the all-items
91	91	consumer price index published by the United States department of labor.
92	92	Providers may charge for the reasonable cost of all duplications of health
93	93	care healthcare record information which cannot be routinely duplicated
94	94	on a standard photocopy machine.
95	95	(c) Any health careA healthcare provider, patient, authorized
96	96	representative or any other entity authorized by law to obtain or reproduce
97	97	such records may bring a claim or action to enforce the provisions of this
98	98	section. The petition shall include an averment that the party bringing the
99	99	action has in good faith conferred or attempted to confer with the other
100	100	party concerning the matter in dispute without court action. Upon a
101	101	showing that the failure to comply with this section was without just cause
102	102	or excuse, the court shall award the costs of the action and order the
103	103	records produced without cost or expense to the prevailing party.
104	104	(d) Nothing in this section shall be construed to prohibit the state
105	105	board of healing arts from adopting and enforcing rules and regulations not
106	106	inconsistent with this section that require licensees of the board to furnish
107	107	health care healthcare records to patients or to their authorized
108	108	representative. To the extent that the board determines that an
109	109	administrative disciplinary remedy is appropriate for violation of such
110	110	rules and regulations, that remedy is separate from and in addition to the
111	111	provisions of this section.
112	112	(e) Healthcare providers shall not charge a fee for medical records
113	113	requested by the authorized representative of a patient or former patient
114	114	that is greater than the amount the healthcare provider would charge the
115	115	patient or former patient if such records were requested personally
116	116	pursuant to public law 111-5 § 13405 if such records request is related to a
117	117	claim for social security disability, workers compensation, medical
118	118	malpractice or personal injury.
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162	162	Sec. 3. K.S.A. 65-6821 and 65-6836 are hereby repealed.
163	163	Sec. 4. This act shall take effect and be in force from and after its
164	164	publication in the statute book.
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