As Amended by Senate Committee

          Session of 1998
By Committee on Public Health and Welfare
          10             AN ACT concerning the health care data governing board; information
11             provided for health-related studies; amending K.S.A. 1997 Supp. 65-
12             6803 and 65-6805 and repealing the existing section sections.
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 1997 Supp. 65-6803 is hereby amended to
16       read as follows: 65-6803. (a) There is hereby created a health care
17       data governing board.
18           (b) The board shall consist of nine members appointed as fol-
19       lows:  One member shall be appointed by the Kansas medical so-
20       ciety, one member shall be appointed by the Kansas hospital asso-
21       ciation, one member shall be appointed by the executive vice
22       chancellor of the university of Kansas school of medicine, one mem-
23       ber who is a licensed professional nurse appointed by the Kansas
24       state nurses association, one member representing health care in-
25       surers or other commercial payors shall be appointed by the gov-
26       ernor, one member representing adult care homes shall be ap-
27       pointed by the governor, one member representing the Kansas
28       health institute, one member appointed by the state board of regents
29       representing the health services research community and one mem-
30       ber representing consumers of health care shall be appointed by the
31       governor. The secretary of health and environment, or the designee
32       of the secretary, shall be a nonvoting member who shall serve as
33       chairperson of the board. The secretary of social and rehabilitation
34       services and the insurance commissioner, or their designees, shall
35       be nonvoting members of the board. Board members and task force
36       members shall not be paid compensation, subsistence allowances,
37       mileage or other expenses as otherwise may be authorized by law
38       for attending meetings, or subcommittee meetings, of the board. The
39       members appointed to the board shall serve for three-year terms,
40       or until their successors are appointed and qualified.
41           (c) The chairperson of the health care data governing board
42       may appoint a task force or task forces of interested citizens and
43       providers of health care for the purpose of studying technical issues

SB 434--Am.


  1       relating to the collection of health care data. At least one member
  2       of the health care data governing board shall be a member of any
  3       task force appointed under this subsection.
  4           (d) The board shall meet at least quarterly and at such other
  5       times deemed necessary by the chairperson.
  6           (e) The board shall develop policy regarding the collection of
  7       health care data and procedures for ensuring the confidentiality
  8       and security of these data.
  9           Section 1 2. K.S.A. 1997 Supp. 65-6805 is hereby amended to read
10       as follows: 65-6805. Each medical care facility as defined by subsection
11       (h) of K.S.A. 65-425 and amendments thereto; health care provider as
12       defined in K.S.A. 40-3401 and amendments thereto; providers of health
13       care as defined in subsection (f) of K.S.A. 65-5001 and amendments
14       thereto; health care personnel as defined in subsection (e) of K.S.A. 65-
15       5001 and amendments thereto; home health agency as defined by sub-
16       section (b) of K.S.A. 65-5101 and amendments thereto; psychiatric hos-
17       pitals licensed under K.S.A. 75-3307b and amendments thereto; state
18       institutions for the mentally retarded; community mental retardation fa-
19       cilities as defined under K.S.A. 65-4412 and amendments thereto; com-
20       munity mental health center as defined under K.S.A. 65-4432 and amend-
21       ments thereto; adult care homes as defined by K.S.A. 39-923 and
22       amendments thereto; laboratories described in K.S.A. 65-1,107 and
23       amendments thereto; pharmacies; board of nursing; Kansas dental board;
24       board of examiners in optometry; state board of pharmacy; state board of
25       healing arts and third-party payors, including but not limited to, licensed
26       insurers, medical and hospital service corporations, health maintenance
27       organizations, fiscal intermediaries for government-funded programs and
28       self-funded employee health plans, shall file health care data with the
29       secretary of health and environment as prescribed by the board. Health
30       researchers receiving state or federal funding shall file information de-
31       scribing their health-related studies as prescribed by the board. The pro-
32       visions of this section shall not apply to any individual, facility or other
33       entity under this section which uses spiritual means through prayer alone
34       in accordance with the tenets and practices of a recognized church or
35       religious denomination for the treatment or cure of disease.
36           Sec. 2 3. K.S.A. 1997 Supp. 65-6803 and 65-6805 is are hereby
37       repealed.
38           Sec. 3 4. This act shall take effect and be in force from and after its
39       publication in the Kansas register.