SENATE BILL No. 119*
An Act concerning access to health care records by
patients, authorized representatives
and certain other persons and entities; relating to fees;
claims or actions to enforce.
Be it enacted by the Legislature of the State of Kansas:
Section 1. As used in this act: (a)
``Health care provider'' means those
persons and entities defined as a health care provider under K.S.A.
3401 and K.S.A. 7-121b, and amendments thereto, except that
care provider'' shall not include a health maintenance
(b) ``Authorized representative'' means
the person designated in writ-
ing by the patient to obtain the health care records of the patient
person otherwise authorized by law to obtain the health care
(c) ``Authorization'' means a written or
printed document signed by
a patient or a patient's authorized representative containing: (1)
scription of the health care records a health care provider is
to produce; (2) the patient's name, address and date of birth; (3)
ignation of the person or entity authorized to obtain copies of the
care records; (4) a date or event upon which the force of the
shall expire which shall not exceed one year; (5) if signed by a
authorized representative, the authorized representative's name,
telephone number and relationship or capacity to the patient; and
statement setting forth the right of the person signing the
to revoke it in writing.
Sec. 2. (a) Subject to applicable
law, copies of health care records
shall be furnished to a patient, a patient's authorized
any other person or entity authorized by law to obtain or reproduce
records, within 30 days of the receipt of the authorization, or the
care provider shall notify the patient or the patient's authorized
sentative of the reasons why copies are not available. A health
vider may withhold copies of health care records if the health care
vider reasonably believes that providing copies of the requested
will cause substantial harm to the patient or another person.
providers may condition the furnishing of the patient's health care
to the patient, the patient's authorized representative or any
or entity authorized by law to obtain or reproduce such records,
the payment of charges not to exceed a $15 fee for the cost of
and labor; and for copies of health care records routinely
a standard photocopy machine, $.50 per page for the first 250 pages
$.35 per page for additional pages. Providers may charge for the
able cost of all duplications of health care record information
not be routinely duplicated on a standard photocopy machine.
(b) On January 1, 2004, and annually
thereafter, the fees set forth in
subsection (a) shall be increased by the secretary of human
accordance with the all-items consumer price index published by
United States department of labor.
Sec. 3. Any health care provider,
patient, authorized representative
or any other entity authorized by law to obtain or reproduce such
may bring a claim or action to enforce the provisions of this act.
petition shall include an averment that the party bringing the
in good faith conferred or attempted to confer with the other party
cerning the matter in dispute without court action. Upon a showing
the failure to comply with this act was without just cause or
court shall award the costs of the action and order the records
without cost or expense to the prevailing party.
Sec. 4. Nothing in this act shall
be construed to prohibit the state
board of healing arts from adopting and enforcing rules and
not inconsistent with this act that require licensees of the board
health care records to patients or to their authorized
the extent that the board determines that an administrative
remedy is appropriate for violation of such rules and regulations,
remedy is separate from and in addition to the provisions of this
Sec. 5. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved May 29, 2002.
Published in the Kansas Register June 6, 2002.