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Privacy and Confidentiality in Kentucky

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Privacy and Confidentiality in Kentucky

Subtopic Statute/Regulation Description
Confidentiality of substance abuse records 902 Ky. Admin. Regs. 20:091,
Patient’s right to confidentiality of medical records/medical information Abortion Facilities, 902 Ky. Admin. Regs. 20:360 Abortion Facilities
Confidential Record of Treatment, 908 Ky. Admin. Regs. 1:320 Confidential record of treatment for federally-assisted alcohol and other drug abuse programs Federally-assisted substance abuse treatment programs...
Confidentiality of Sexually Transmitted Disease Records,Ky. Rev. Stat. Ann. § 214.420 Confidentiality of Sexually Transmitted Disease Records
Coverage Provisions and Requirements, 907 Ky. Admin. Regs. 1:082 Coverage Provisions and Requirements Regarding Rural Health Clinic Services
HMO Operations and Services, 902 Ky. Admin. Regs. 20:054 HMO Operations and Services. 
Hospital Examination Services, 902 Ky. Admin. Regs. 20:012 Hospital Examination Services
Insure Patient's Informed Consent and Maintain Confidentiality, Ky. Rev. Stat. Ann. § 311.5975 Duty of Physician to Insure Patient's Informed Consent and Maintain Confidentiality
Kentucky Cancer Registry, Ky. Rev. Stat. Ann. § 214.556 Kentucky Cancer Registry
Medicaid Freestanding Birth Center Services, 907 Ky. Admin. Regs. 1:180 Medicaid Freestanding Birth Center Services
Patient's Right to Privacy for Mental Health or Chemical Dependency, Ky. Rev. Stat. Ann. § 304.17A-555 Patient's Right to Privacy for Mental Health or Chemical Dependency
Pharmacists Duty to Ensure Informed Consent and Confidentiality, Ky. Rev. Stat. Ann. § 315.310 Pharmacists Duty to Ensure Informed Consent and Confidentiality
Preventative and Remedial Public Health Services, 907 Ky. Admin. Regs. 1:360 Preventative and Remedial Public Health Services
Rural Health Clinics Operations and Services, 902 Ky. Admin. Regs. 20:145 Rural Health Clinics Operations and Services
Special Health Clinics, 902 Ky. Admin. Regs. 20:260 Special Health Clinics
Treatment for Drug Abuse and Reports, Ky. Rev. Stat. Ann. § 222.421 Treatment for alcohol or other drug abuse on request; priority access to licensed treatment services; statistical report The cabinet may request a...
Confidentiality and disclosure requirements of public health reporting information (disease specific information/registry data) (Cross reference to Public Health Reporting) Communicable Diseases Reportable Surveillance, 902 Ky. Admin. Regs. 2:020 Communicable Diseases Reportable Surveillance
Duty to Report Quality of Care and Safety Problems, Ky. Rev. Stat. Ann. § 216B.165 Duty to Report Quality of Care and Safety Problems
Emergency Services Annual Report and Confidentiality, Ky. Rev. Stat. Ann. § 311A.190 Emergency Services Annual Report and Confidentiality
Release of Public Data Sets for Health Care Discharge Data, 900 Ky. Admin. Regs. 7:040 Release of Public Data Sets for Health Care Discharge Data
Tuberculosis Detection, Prevention, and Control, 902 Ky. Admin. Regs. 2:090 Tuberculosis Detection, Prevention, and Control
Types of Data Not to be Published or Released, Ky. Rev. Stat. Ann. § 216.2927 Types of Data Not to be Published or Released
Disclosure requirements (what providers can disclose, prohibition on further disclosure) Confidential Nature of Records - Ky. Rev. Stat. Ann. § 210.235 Mental health information is confidential and privileged to the patient, except as provided for in the statute. The statute does not preclude the...
Confidentiality and Reporting Requirements for HIV Reporting System, Ky. Rev. Stat. Ann. § 214.645 Confidentiality and Reporting Requirements for HIV Reporting System
Inspection of Public Records,Ky. Rev. Stat. Ann. § 213.131 Inspection of Public Records
Confidentiality and disclosure requirements of peer review information (Cross reference to Medical Peer Review) Confidentiality and Privileged Status of Program Records, Ky. Rev. Stat. Ann. § 311.619 Confidentiality and Privileged Status of Program Records
Disclosure of Confidential Client Information for Councils, 908 Ky. Admin. Regs. 5:010 Disclosure of Confidential Client Information for Councils
External Review of Adverse Determination, Ky. Rev. Stat. Ann. § 304.17A-623 External Review of Adverse Determination
Privacy and Confidentiality KRS § 311.595 Denial, Probation, Suspension, or Revocation of Licenses and Permits The Kentucky Board of Medical Licensure may suspend or revoke the license of a...
KRS § 311.597 Acts Declared to Constitute Dishonorable, Unethical, or Unprofessional Conduct Kentucky defines “dishonorable, unethical, or unprofessional...
Ky. Rev. Stat. Ann. § 222.280 Accessibility of records to federal agencies Allows HHS reasonable access to records as well as the comptroller general for audit and examination...
Ky. Rev. Stat. Ann. § 222.271 Confidential record of treatment; rights of patient Provides for confidentiality of substance abuse treatment records with no exception. The same...
Violations of confidentiality; penalties Penalties for Disclosure of HIV Test Results or Identity, Ky. Rev. Stat. Ann. § 214.995 Penalties for Disclosure of HIV Test Results or Identity
Authorization for disclosure and exceptions to authorization requirements Procedures and Tests for HIV, Ky. Rev. Stat. Ann. § 214.625 Consent for Medical Procedures and Tests for HIV
Insurer and Medicaid/Medicare confidentiality requirements, including disclosure laws (Cross reference Medicaid Data, Medicare data, and private insurance data requirements) Providing Requested Information by Group Health Benefit Plan Insurers, Ky. Rev. Stat. Ann. § 304.17A-846 Providing Requested Information by Group Health Benefit Plan Insurers
Disclosure of medical information for research purposes (Cross reference Research) Standards Governing Scientific Misconduct, 900 Ky. Admin. Regs. 1:080 Standards Governing Scientific Misconduct
Click on the individual state law in the table above to see our summary of the individual law.


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