Session of 2000
By Committee on Public Health and Welfare

  9             AN  ACT concerning collection of health service utilization data.
11       Be it enacted by the Legislature of the State of Kansas:
12             Section  1. As used in this act:
13             (a) "Board" means the health care data governing board established
14       by K.S.A. 65-6803 and amendments thereto.
15             (b) "Department" means the department of health and environment.
16             (c) "Health care provider" means health care personnel and health
17       facilities as defined by K.S.A. 65-6805 and amendments thereto.
18             Sec.  2. (a) All health care providers shall provide, at least annually,
19       to the department patient-level health service utilization data as pre-
20       scribed by the health care data governing board.
21             (b) The department in cooperation with the health care data govern-
22       ing board shall specify by rule and regulation the types of information
23       which shall be submitted and the method of submission.
24             (c) Resubmission of data shall not be required when the specified
25       data has been submitted to the department or to the department of social
26       and rehabilitation services under provision of law. The department may
27       accept data submitted by associations or related organizations on behalf
28       of health care providers by entering into binding agreements negotiated
29       with such associations or related organizations to obtain data required
30       pursuant to this section. A health care provider shall submit the required
31       information to the department:
32             (1) If the provider does not submit the required data through such
33       associations or related organizations;
34             (2) if no binding agreement has been reached within 90 days of the
35       publication of this statute in the Kansas register, between the department
36       and such associations or related organizations; or
37             (3) if a binding agreement has expired for more than 90 days.
38             (d) Information obtained by the department on behalf of the health
39       care data governing board shall be made available to policy makers, pro-
40       gram managers, researchers, providers and the public through the rules
41       and regulations and policies and procedures established by the board.
42       The department shall not use the information collected under this section
43       which would enable any person to determine any health care providers'


  1       negotiated discounts with specific preferred provider organizations or
  2       other managed care organizations. The department shall not release data
  3       in a form which could be used to identify a patient. Any violation of this
  4       subsection is a class A misdemeanor.
  5             (e) Health care providers shall be provided summary reports of their
  6       own data provided to the department and summary reports of data pro-
  7       vided by their peers in aggregate only. These summary reports shall be
  8       prescribed by the board.
  9             (d) The department shall develop studies and publish information in
10       collaboration with health care providers, health insurers and consumers.
11       The department shall allow all health care providers and associations and
12       related organizations who have submitted data which will be used in any
13       report to review and comment on the report prior to its publication or
14       release for general use. The department shall include any comments of
15       a health care provider and associations and related organizations in the
16       publication if the department does not change the publication based upon
17       those comments. The report shall be made available to the public at rates
18       established by the board. 
19        Sec.  3. This act shall take effect and be in force from and after its
20       publication in the Kansas register.