Privacy and Confidentiality in Kansas
Privacy and Confidentiality in Kansas
| Subtopic | Statute/Regulation | Description |
|---|
| Privacy and Confidentiality | Confidentiality and release of information - Kan. Admin. Regs. § 30-60-47 | Community mental health centers must develop policies and procedures that guarantee the confidentiality of information relating to clinical records.... |
| K.S.A. 65-430 | Denial, Suspension, or Revocation of License; Notice and Hearing The Kansas licensing agent may suspend or revoke the license of a hospital that... | |
| Kan. Stat. Ann. § 59-29b79 | Disclosure of records All substance abuse treatment records, whether in the possession of a district court or treatment facility, are confidential... | |
| Kan. Stat. Ann. § 65-5603 | Exceptions to privilege This statute, which governs more than substance abuse records, is referenced in § 59-29b79 as governing substance abuse... | |
| Kan. Stat. Ann. § 65-6617 | Confidential information and communications; exceptions This provision is contained in section governing licensing of substance abuse counselors;... | |
| KAR 28-34-9a2 | Medical Records Services Hospitals must maintain confidential medical records for all admitted patients. The medical records must be kept for at... |
| Authorization for disclosure and exceptions to authorization requirements | Kan. Admin. Regs. § 100-22-1, Release of records | Requires licensed medical professionals to release patient records upon receiving a valid authorization from that patient or their representative.... |
| Kan. Admin. Regs. § 28-39-163, Administration | Establishes administrative standards for nursing facilities that address items such as the governing body, staffing, designation of a medical... | |
| Kan. Admin. Regs. § 28-4-1307, Records | Requires birth centers to establish policies and procedures for a recordkeeping system that address confidentiality, security, and access. Requires... | |
| Kan. Admin. Regs. § 28-51-110, Clinical records | Requires home health agencies to maintain clinical records for each patient. Specifies the content of such records and establishes retention periods... | |
| Kan. Admin. Regs. § 30-26-13, Release with payment of fee | Permits state psychiatric hospitals to release medical information after receiving a valid authorization form and payment of a fee. | |
| Kan. Admin. Regs. § 30-60-47, Confidentiality and release of information | Requires licensed community mental health centers to establish polices and procedures for maintaining the confidentiality of records and information... | |
| Kan. Stat. Ann. § 39-1411, Register of reports | Requires the Secretary for Aging and Disability Services to maintain a registry of reports regarding abuse, neglect, and exploitation of facility... | |
| Kan. Stat. Ann. § 39-709b, Information concerning applicants for and recipients of assistance; confidentiality, exceptions; publication of statistics | Classifies information regarding applicants and recipients of government assistance as confidential and privileged and limits access to such... | |
| Kan. Stat. Ann. § 40-3226, Confidentiality of medical information | Requires medical information regarding enrollees to be held as confidential. Permits disclosure only in accordance with the Article 32 laws... | |
| Kan. Stat. Ann. § 65-1,106, Statewide program for sickle cell anemia testing | Classifies the results of tests conducted by the statewide program for sickle cell anemia as confidential and prohibits disclosure unless the person... | |
| Kan. Stat. Ann. § 65-1,108a, Information obtained through certain tests conducted by approved laboratories confidential | Classifies information obtained while testing specimens for controlled substances as confidential. Limits disclosure to the person who ordered the... | |
| Kan. Stat. Ann. § 65-1,116, Confidentiality of information | Classifies diabetes data obtained by the Secretary of Health and Environment as confidential. Permits disclosure with the written consent of the... | |
| Kan. Stat. Ann. § 65-1,172, uses of confidential data. | Identifies the permissible uses for confidential cancer registry information (e.g., for investigating cancer clusters, for public health purposes,... | |
| Kan. Stat. Ann. § 65-102b, Confidentiality of information concerning noninfectious diseases; disclosure | Classifies noninfectious disease information obtained by the Secretary of Health and Environment as confidential. Permits the Secretary to disclose... | |
| Kan. Stat. Ann. § 65-118, Reporting to local health authority as to infectious or contagious diseases | Identifies the persons required to report known or suspected cases of infectious or contagious diseases (e.g., physicians, health care facility... | |
| Kan. Stat. Ann. § 65-153f, Prenatal serological tests for syphilis and hepatitis b | Requires physicians to obtain a blood sample from a pregnant person within 14 days of confirming their pregnancy for the purpose of conducting... | |
| Kan. Stat. Ann. § 65-531, Immunization information and records | Permits the disclosure of immunization information and records, without parental or guardian consent, to health care professionals, child care... | |
| Kan. Stat. Ann. § 65-5602, Privilege of patient of treatment facility to prevent disclosure of treatment and of confidential communications | Grants patients receiving treatment in a facility a privilege to prevent facility personnel from disclosing information regarding their substance use... | |
| Kan. Stat. Ann. § 65-6002, Reporting to secretary of health and environment information concerning AIDS or HIV infection | Requires physicians to report suspected cases of HIV/AIDS to the Secretary of Health and Environment. Requires physicians and medical facility... | |
| Kan. Stat. Ann. § 65-6154, confidentiality | Classifies emergency medical information obtained by the Emergency Medical Services Board as confidential and prohibits disclosure. Provides... | |
| Kan. Stat. Ann. § 65-6617, Confidential information and communications | Provides that licensed addiction counselors, their employees, and their associates are not required to disclose information they obtain while... |
| Violations of confidentiality; penalties | Kan. Admin. Regs. § 100-22-1, Release of records | Requires licensed medical professionals to release patient records upon receiving a valid authorization from that patient or their representative.... |
| Kan. Admin. Regs. § 28-1-26, Protection of confidentiality of information regarding individuals with HIV infection. | Establishes standards and procedures for protecting confidential HIV information that address items such as the appointment of an HIV confidentiality... | |
| Kan. Admin. Regs. § 60-3-110, Unprofessional conduct | Defines acts that constitute “unprofessional conduct” by licensed nurses. Includes among other items, violating the confidentiality of... | |
| Kan. Stat. Ann. § 39-719e, Medical benefit plan providers to provide information identifying covered medical assistance recipients; procedures; enforcement. | Requires medical benefit plans to give information to the Secretary for Aging and Disability Services and/or the Department of Health and Environment... | |
| Kan. Stat. Ann. § 65-1,106, Statewide program for sickle cell anemia testing | Classifies the results of tests conducted by the statewide program for sickle cell anemia as confidential and prohibits disclosure unless the person... | |
| Kan. Stat. Ann. § 65-1,108a, Information obtained through certain tests conducted by approved laboratories confidential | Classifies information obtained while testing specimens for controlled substances as confidential. Limits disclosure to the person who ordered the... | |
| Kan. Stat. Ann. § 65-1,117, Penalty for disclosure of confidential information. | Classifies unauthorized disclosures of confidential diabetes information as a class C misdemeanor. | |
| Kan. Stat. Ann. § 65-1,174, immunity from civil or criminal liability for reporting | Grants health care providers that report information to the cancer registry in good faith immunity from any liability that arises from their... | |
| Kan. Stat. Ann. § 65-16,107, penalties | Establishes liability for pharmacies that fail to report information to the methamphetamine precursor recording log and for persons who knowingly use... | |
| Kan. Stat. Ann. § 65-1658, Civil fines for violations | Authorizes the State Board of Pharmacy to levy a maximum $5,000 fine per violation the Board of Pharmacy rules or Kansas laws regulating the... | |
| Kan. Stat. Ann. § 65-1693, penalties | Establishes penalties for persons who knowingly fail to report information to the prescription monitoring program or improperly access, use,... | |
| Kan. Stat. Ann. § 65-445, Termination of human pregnancy | Requires medical care facilities to maintain records of abortions performed at the facility and providers to maintain records of abortions they... | |
| Kan. Stat. Ann. § 65-5605, Violations | Classifies the willful violation of a mental health or substance use disorder patient’s confidentiality by treatment or ancillary personnel as... | |
| Kan. Stat. Ann. § 65-6005, Unlawful acts | Classifies violations of the chapter 60 HIV/AIDS laws and associated regulations as class C misdemeanors. Makes violations of the HIV/AIDS... | |
| Kan. Stat. Ann. § 65-6010, confidentiality of information | Prohibits persons other than a licensed physician, nurse, or medical technician from drawing blood for court ordered infectious disease testing.... | |
| Kan. Stat. Ann. § 65-6111, Powers and duties of emergency medical services board | Establishes the powers and duties of the Emergency Medical Services Board (e.g., licensing, adopting regulations, creating a state plan for... | |
| Kan. Stat. Ann. § 65-6155, disclosure of information | Grants immunity to ambulance service operators for any liability that may arise from reporting information to the Emergency Medical Services Board so... | |
| Kan. Stat. Ann. § 65-6804, Health care database | Authorizes the Secretary of Health and Environment to contract with an entity to build and maintain a health care database. Requires the Secretary to... | |
| Kan. Stat. Ann. §65-6016, Physician authorized to disclose infectious diseases | Authorizes physicians treating patients who they know have tested positive for an infectious disease to disclose this fact to corrections employees... |
| Confidentiality and disclosure requirements of public health reporting information (disease specific information/registry data) (Cross reference to Public Health Reporting) | Kan. Admin. Regs. § 28-1-26, Protection of confidentiality of information regarding individuals with HIV infection. | Establishes standards and procedures for protecting confidential HIV information that address items such as the appointment of an HIV confidentiality... |
| Kan. Admin. Regs. § 28-70-4, Confidential data for follow-up patient studies | Establishes standards and procedures for obtaining data for follow-up cancer studies. Requires researchers to submit research proposals to their... | |
| Kan. Stat. Ann. § 65-1,116, Confidentiality of information | Classifies diabetes data obtained by the Secretary of Health and Environment as confidential. Permits disclosure with the written consent of the... | |
| Kan. Stat. Ann. § 65-1,157a, Newborn infant hearing screening | Requires infants to receive hearing tests within five days of their birth unless the birth parent(s) or guardian refuses to grant their informed... | |
| Kan. Stat. Ann. § 65-1,171, confidential data | Classifies cancer registry information as confidential and bars its discovery, subpoena, or access via Kansas’s open records act. Permits... | |
| Kan. Stat. Ann. § 65-1,172, uses of confidential data. | Identifies the permissible uses for confidential cancer registry information (e.g., for investigating cancer clusters, for public health purposes,... | |
| Kan. Stat. Ann. § 65-1,173, panel to establish policies for release of nonconfidential data; release of statistical data. | Requires the Secretary of Health and Environment to create a panel which will establish policies for releasing nonconfidential cancer registry data... | |
| Kan. Stat. Ann. § 65-1,174, immunity from civil or criminal liability for reporting | Grants health care providers that report information to the cancer registry in good faith immunity from any liability that arises from their... | |
| Kan. Stat. Ann. § 65-1,243, Confidentiality of records | Classifies birth defects information system information as confidential medical records. Prohibits subpoena or discovery of the records, but permits... | |
| Kan. Stat. Ann. § 65-118, Reporting to local health authority as to infectious or contagious diseases | Identifies the persons required to report known or suspected cases of infectious or contagious diseases (e.g., physicians, health care facility... | |
| Kan. Stat. Ann. § 65-119, Duties and powers of local health officers | Requires local health officers and boards of health to supervise the response to any infectious or contagious disease cases that occur within their... | |
| Kan. Stat. Ann. § 65-153f, Prenatal serological tests for syphilis and hepatitis b | Requires physicians to obtain a blood sample from a pregnant person within 14 days of confirming their pregnancy for the purpose of conducting... | |
| Kan. Stat. Ann. § 65-16,104, confidential information; authorized access to data in the log | Classifies as confidential all information from the methamphetamine precursor recording log that is submitted to the Board of Pharmacy. Authorizes... | |
| Kan. Stat. Ann. § 65-1685, database information privileged and confidential | Classifies information maintained in the prescription monitoring program database as confidential. Prohibits the subpoena or discovery of program... | |
| Kan. Stat. Ann. § 65-3239, Establishing a statewide donor registry | Regulates the creation of a statewide organ and tissue donor registry. Prohibits organ and tissue donation organizations from obtaining registry... | |
| Kan. Stat. Ann. § 65-445, Termination of human pregnancy | Requires medical care facilities to maintain records of abortions performed at the facility and providers to maintain records of abortions they... | |
| Kan. Stat. Ann. § 65-531, Immunization information and records | Permits the disclosure of immunization information and records, without parental or guardian consent, to health care professionals, child care... | |
| Kan. Stat. Ann. § 65-6002, Reporting to secretary of health and environment information concerning AIDS or HIV infection | Requires physicians to report suspected cases of HIV/AIDS to the Secretary of Health and Environment. Requires physicians and medical facility... | |
| Kan. Stat. Ann. § 65-6003, Investigation of cases of AIDS or HIV infection | Requires the Secretary of Health and Environment to investigate and monitor reported HIV/AIDS cases. Authorizes the Secretary to establish... | |
| Kan. Stat. Ann. § 65-6155, disclosure of information | Grants immunity to ambulance service operators for any liability that may arise from reporting information to the Emergency Medical Services Board so... | |
| Kan. Stat. Ann. § 65-67a05, transfers of tissue | Requires persons that transfer fetal tissue to annually report specified information to the Secretary of Health and Environment (e.g., transfer date... | |
| Kan. Stat. Ann. § 65-6804, Health care database | Authorizes the Secretary of Health and Environment to contract with an entity to build and maintain a health care database. Requires the Secretary to... |
| Disclosure of medical information for research purposes (Cross reference Research) | Kan. Admin. Regs. § 28-1-26, Protection of confidentiality of information regarding individuals with HIV infection. | Establishes standards and procedures for protecting confidential HIV information that address items such as the appointment of an HIV confidentiality... |
| Kan. Admin. Regs. § 28-67-6, Confidentiality of the health care database | Prohibits disclosure of identifying information from the health care database. Permits researchers to obtain identifying information if they comply... | |
| Kan. Admin. Regs. § 28-70-4, Confidential data for follow-up patient studies | Establishes standards and procedures for obtaining data for follow-up cancer studies. Requires researchers to submit research proposals to their... | |
| Kan. Stat. Ann. § 65-1,116, Confidentiality of information | Classifies diabetes data obtained by the Secretary of Health and Environment as confidential. Permits disclosure with the written consent of the... | |
| Kan. Stat. Ann. § 65-102b, Confidentiality of information concerning noninfectious diseases; disclosure | Classifies noninfectious disease information obtained by the Secretary of Health and Environment as confidential. Permits the Secretary to disclose... | |
| Kan. Stat. Ann. § 65-6154, confidentiality | Classifies emergency medical information obtained by the Emergency Medical Services Board as confidential and prohibits disclosure. Provides... |
| Confidentiality of medical records | Kan. Admin. Regs. § 28-34-9a, Medical records services | Requires hospitals to maintain medical records for all patients and to have a medical records service to oversee retention and indexing of these... |
| Kan. Admin. Regs. § 28-39-163, Administration | Establishes administrative standards for nursing facilities that address items such as the governing body, staffing, designation of a medical... | |
| Kan. Admin. Regs. § 28-4-1307, Records | Requires birth centers to establish policies and procedures for a recordkeeping system that address confidentiality, security, and access. Requires... | |
| Kan. Stat. Ann. § 65-1654, Privileged communications | Considers confidential communications between pharmacists and their patients and records of prescription orders as privileged in the same way that... | |
| Kan. Stat. Ann. § 65-507, Records of maternity centers and child care facilities | Requires licensed maternity centers and child care facilities to maintain records. Specifies the information that these records must include (e.g.,... | |
| Kan. Stat. Ann. § 65-525, Disclosure of certain information prohibited | Prohibits the Department of Health and Environment from publicly disclosing maternity center or child care facility records in a way that would... | |
| Kan. Stat. Ann. § 65-5602, Privilege of patient of treatment facility to prevent disclosure of treatment and of confidential communications | Grants patients receiving treatment in a facility a privilege to prevent facility personnel from disclosing information regarding their substance use... | |
| Kan. Stat. Ann. § 65-5603, Exceptions to privilege | Specifies the exceptions to the privilege for mental health and substance use disorder information (e.g., information that a patient uses as an... | |
| Kan. Stat. Ann. § 65-6111, Powers and duties of emergency medical services board | Establishes the powers and duties of the Emergency Medical Services Board (e.g., licensing, adopting regulations, creating a state plan for... | |
| Kan. Stat. Ann. § 65-6824, duties of covered entity | Requires covered entities to give individuals or their personal representatives access to the individual’s protected health information... |
| Disclosure requirements (what providers can disclose, prohibition on further disclosure) | Kan. Admin. Regs. § 28-39-163, Administration | Establishes administrative standards for nursing facilities that address items such as the governing body, staffing, designation of a medical... |
| Kan. Admin. Regs. § 28-51-110, Clinical records | Requires home health agencies to maintain clinical records for each patient. Specifies the content of such records and establishes retention periods... | |
| Kan. Stat. Ann. § 65-1,108a, Information obtained through certain tests conducted by approved laboratories confidential | Classifies information obtained while testing specimens for controlled substances as confidential. Limits disclosure to the person who ordered the... | |
| Kan. Stat. Ann. § 65-1,157a, Newborn infant hearing screening | Requires infants to receive hearing tests within five days of their birth unless the birth parent(s) or guardian refuses to grant their informed... | |
| Kan. Stat. Ann. § 65-5603, Exceptions to privilege | Specifies the exceptions to the privilege for mental health and substance use disorder information (e.g., information that a patient uses as an... | |
| Kan. Stat. Ann. § 65-6002, Reporting to secretary of health and environment information concerning AIDS or HIV infection | Requires physicians to report suspected cases of HIV/AIDS to the Secretary of Health and Environment. Requires physicians and medical facility... | |
| Kan. Stat. Ann. § 65-6004, Physician authorized to disclose to certain persons information about patient who has infectious disease | Authorizes physicians that are performing a procedure on a patient to disclose that patient’s infectious disease status to EMS, law enforcement... | |
| Kan. Stat. Ann. § 65-6154, confidentiality | Classifies emergency medical information obtained by the Emergency Medical Services Board as confidential and prohibits disclosure. Provides... | |
| Kan. Stat. Ann. § 65-6617, Confidential information and communications | Provides that licensed addiction counselors, their employees, and their associates are not required to disclose information they obtain while... | |
| Kan. Stat. Ann. §65-6016, Physician authorized to disclose infectious diseases | Authorizes physicians treating patients who they know have tested positive for an infectious disease to disclose this fact to corrections employees... |
| Other | Kan. Admin. Regs. § 68-2-22, Electronic transmission of a prescription | Establishes requirements for electronically transmitted prescriptions that address the content of the prescription order and the persons authorized... |
| Kan. Admin. Regs. § 68-7-20, Shared services | Allows pharmacies to engage in shared services if they utilize a common electronic system and either have a common owner or an agreement that... | |
| Kan. Admin. Regs. § 68-9-1, Electronic data storage systems | Establishes standards for electronic data storage systems used by Kansas pharmacies that address items such as maintaining prescription... | |
| Kan. Stat. Ann. § 65-4a05, confidentiality of certain records. | Requires the Secretary of Health and Environment to inspect licensed abortion facilities at least twice per year and authorizes additional... | |
| Kan. Stat. Ann. § 39-934, Certain information confidential | Prohibits adult care home licensing agencies from disclosing identifying information that they receive from reports, inspections, or while otherwise... | |
| Kan. Stat. Ann. § 40-22a09, written procedures for utilization review; | Requires utilization review organizations to establish procedures for maintaining the confidentiality of patient information and ensuring that such... | |
| Kan. Stat. Ann. § 40-22a10, patient information not subject to discovery or subpoena. | Prohibits patient information obtained by a utilization review organization from being subpoenaed or admitted into evidence. Provides an... | |
| Kan. Stat. Ann. § 65-436, Information confidential | Prohibits medical facility licensing agencies from disclosing information they receive as part of their duties if such disclosure could identify... | |
| Kan. Stat. Ann. § 65-6010, confidentiality of information | Prohibits persons other than a licensed physician, nurse, or medical technician from drawing blood for court ordered infectious disease testing.... |
| Insurer and Medicaid/Medicare confidentiality requirements, including disclosure laws (Cross reference Medicaid Data, Medicare data, and private insurance data requirements) | Kan. Stat. Ann. § 39-709b, Information concerning applicants for and recipients of assistance; confidentiality, exceptions; publication of statistics | Classifies information regarding applicants and recipients of government assistance as confidential and privileged and limits access to such... |
| Kan. Stat. Ann. § 39-719e, Medical benefit plan providers to provide information identifying covered medical assistance recipients; procedures; enforcement. | Requires medical benefit plans to give information to the Secretary for Aging and Disability Services and/or the Department of Health and Environment... | |
| Kan. Stat. Ann. § 40-22a14, exceptions; review procedure; confidentiality | Establishes standards and procedures for external reviews of adverse health care determinations that address notice of external review rights and... | |
| Kan. Stat. Ann. § 40-22a15, insurance commissioner's powers and duties | Requires the Insurance Commissioner to negotiate contracts with external review organizations, establish expedited review procedures, make... | |
| Kan. Stat. Ann. § 40-3211, Examination of organizations and providers. | Requires the Insurance Commissioner to inspect HMOs and Medicare Provider Organizations (MPOs) at least once every five years. Requires HMOs and MPOs... | |
| Kan. Stat. Ann. § 40-3226, Confidentiality of medical information | Requires medical information regarding enrollees to be held as confidential. Permits disclosure only in accordance with the Article 32 laws... | |
| Kan. Stat. Ann. § 65-6825, use and disclosure of protected health information | Permits covered entities to disclose protected health information (PHI) in accordance with HIPAA. Specifies the circumstances in which covered... |
| Confidentiality of substance abuse records | Kan. Stat. Ann. § 65-1,165, referred pregnant woman first priority user of treatment through the Kansas department for aging and disability services. | Requires the Kansas Department for Aging and Disability Services to make pregnant persons referred for substance abuse treatment a first priority.... |
| Kan. Stat. Ann. § 65-5602, Privilege of patient of treatment facility to prevent disclosure of treatment and of confidential communications | Grants patients receiving treatment in a facility a privilege to prevent facility personnel from disclosing information regarding their substance use... | |
| Kan. Stat. Ann. § 65-5603, Exceptions to privilege | Specifies the exceptions to the privilege for mental health and substance use disorder information (e.g., information that a patient uses as an... | |
| Kan. Stat. Ann. § 65-6617, Confidential information and communications | Provides that licensed addiction counselors, their employees, and their associates are not required to disclose information they obtain while... |
| Confidentiality and disclosure requirements of peer review information (Cross reference to Medical Peer Review) | Kan. Stat. Ann. § 65-1135, Complaint or information relating to complaint confidential | Classifies complaints made to the board of nursing about licensed nurses as confidential and prohibits disclosure except in specified circumstances (... |
| Kan. Stat. Ann. § 65-1467, Dental board complaints and related information confidential, limited disclosure authorized | Classifies complaints made to the dental board and records, reports, and associated information as confidential and prohibits disclosure except in... | |
| Kan. Stat. Ann. § 65-1695, Continuous quality improvement program | Requires pharmacies to establish a continuous quality improvement (CQI) program. Classifies CQI reports, findings, and other records as confidential... | |
| Kan. Stat. Ann. § 65-2898a, Confidentiality of complaints and reports | Classifies reports, complaints, and other information about the conduct or character of a licensed provider sent to the State Board of Healings Arts... | |
| Kan. Stat. Ann. § 65-6111, Powers and duties of emergency medical services board | Establishes the powers and duties of the Emergency Medical Services Board (e.g., licensing, adopting regulations, creating a state plan for... |
| Confidentiality of registry data | Kan. Stat. Ann. § 65-1685, database information privileged and confidential | Classifies information maintained in the prescription monitoring program database as confidential. Prohibits the subpoena or discovery of program... |
| Kan. Stat. Ann. § 65-6804, Health care database | Authorizes the Secretary of Health and Environment to contract with an entity to build and maintain a health care database. Requires the Secretary to... |
| Patient’s right to confidentiality of medical records/medical information | Kan. Stat. Ann. § 65-5602, Privilege of patient of treatment facility to prevent disclosure of treatment and of confidential communications | Grants patients receiving treatment in a facility a privilege to prevent facility personnel from disclosing information regarding their substance use... |
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