Sub. SB 321--
Session of 1997
Substitute for SENATE BILL No. 321
By Committee on Commerce

9 AN ACT concerning the workers compensation act; related to certain 10 records maintained thereunder; amending K.S.A. 44-550b and re- 11 pealing the existing section. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. K.S.A. 44-550b is hereby amended to read as follows: 44- 15 550b. (a) All records provided to be maintained under K.S.A. 44-550 and 16 amendments thereto and not withstanding the provisions of K.S.A. 45- 17 215, et seq., and amendments thereto, shall be open to public inspection, 18 except that: 19 (1) Records relating to financial information submitted by an em- 20 ployer to qualify as a self-insurer pursuant to K.S.A 44-532 and amend- 21 ments thereto and; 22 (2) records which relate to utilization review or peer review con- 23 ducted pursuant to K.S.A. 44-510 and amendments thereto shall not be 24 disclosed except to the health care provider and as otherwise specifically 25 provided by the workers compensation act.; 26 (3) records relating to private premises safety inspections; 27 (4) medical records, forms collected pursuant to K.S.A. 44-567(b) and 28 amendments thereto and accident reports maintained under K.S.A. 44- 29 550 and amendments thereto pertaining to an individual shall not be 30 disclosed except: 31 (A) Upon order of a court of competent jurisdiction; 32 (B) to the employer, its insurance carrier or its representative, from 33 whom a worker seeks workers compensation benefits; 34 (C) to the division of workers compensation for its own records for 35 its purposes; 36 (D) to federal or state governmental agencies for purposes of fraud 37 and abuse investigations; 38 (E) to an employer in connection with any application for employ- 39 ment to an employer, its insurance carrier or representatives providing 40 (i) a conditional offer of employment has been made and (ii) the request 41 for records includes a signed release by the individual, identifies the job 42 conditionally offered by the employer and is submitted in writing, either 43 by mail or electronic means. Requests relating to an individual under this Sub. SB 321

 1  subsection shall be considered a record to be maintained and open to
 2  public inspection under K.S.A. 44-550 and amendments thereto;
 3    (F)  to the workers compensation fund for its own purposes; and
 4    (G)  to the worker upon written release by the worker.
 5    (b)  This section shall be part of and supplemental to the workers
 6  compensation act.
 7    Sec. 2.  K.S.A. 44-550b is hereby repealed.
 8    Sec. 3.  This act shall take effect and be in force from and after its
 9  publication in the statute book.