UNOFFICIAL COPY 23 RS BR 1099
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AN ACT relating to state-funded data. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) For purposes of this section: 5
(a) "Data" means information that was: 6
1. Provided, in whole or in part, by a state agency or any other entity on 7
its behalf to a public university; or 8
2. a. Generated, collected, produced, or created on behalf of a state 9
agency; and 10
b. Paid for, in whole or in part, by the Commonwealth of Kentucky; 11
(b) "Eligible non-state entity" means an entity that, pertaining to data 12
requested under this section, is subject to: 13
1. Protocols that are approved by an institutional review board; or 14
2. Limited data set requirements under the federal Health Insurance 15
Portability and Accountability Act of 1996 privacy regulations as 16
described in 45 C.F.R. sec. 164.514; and 17
(c) "State agency" means any organizational unit or administrative body as 18
defined in KRS 12.010 and does not include colleges and universities that 19
are part of the postsecondary education system defined in KRS 164.001. 20
(2) Upon written request from a state agency or eligible non-state entity, a public 21
university shall provide data, including outcomes data, that is in the university's 22
possession or control. 23
(3) The data shall be provided in an agreed-upon reasonable timeframe, at a 24
reasonable cost, and in a format that is usable for data analysis. 25
(4) In the event a public university does not comply with the requirements of this 26
section, a state agency or eligible non-state entity may refer the issue to the 27 UNOFFICIAL COPY 23 RS BR 1099
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Attorney General for investigation and further action. 1
(5) Nothing in this section shall be construed to prohibit a state agency from sharing 2
data with an entity that is not a state agency. 3
(6) Nothing in this section shall preclude the provisions of any agreement or contract 4
between a state agency or eligible non-state entity and a public university 5
regarding the sharing of data. 6