40-3226. Confidentiality of medical information. (a) Notwithstanding the provisions of K.S.A. 40-3212, and amendments thereto, any data or information pertaining to the diagnosis, treatment or health of any enrollee or applicant obtained from such person or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except to the extent that it may be necessary to carry out the purposes of this act, or upon the express consent of the enrollee or applicant or as otherwise provided by law, except that in no case shall the name of an enrollee or applicant be disclosed in any data pertaining to the diagnosis, treatment or health of such enrollee or applicant in any medical review procedure or in any report required under the provisions of this act or the rules and regulations issued pursuant thereto unless such enrollee or applicant has expressly consented thereto. A health maintenance organization shall be entitled to claim any statutory privileges against such disclosure which the provider who furnished such information to the health maintenance organization is entitled to claim.
(b) Upon the express request of the enrollee, a complete record of any data or information pertaining to the diagnosis, treatment or health of such enrollee obtained from such person or from any provider by any health maintenance organization shall be provided to another health care provider designated by such enrollee when such enrollee is no longer an enrollee of such health maintenance organization.
History: L. 1974, ch. 181, § 26; L. 1994, ch. 81, § 2; July 1.
Structure Kansas Statutes
Article 32 - Health Maintenance Organizations And Medicare Provider Organizations
40-3207 Denial, suspension or revocation of certificate; administrative penalty; notice; hearing.
40-3210 Prepaid per capita or aggregate fixed sum contracts authorized.
40-3211 Examination of organizations and providers.
40-3212 Filings and reports as public documents.
40-3214 Construction and relationship to other laws.
40-3215 Rules and regulations.
40-3217 Operational health maintenance organizations; issuance of certificate.
40-3218 Contractual designation of persons to make recommended findings to commissioner.
40-3219 Effect of act on federal assistance.
40-3221 Liability of officers.
40-3222 Use of certain words and initials prohibited.
40-3225 Fiduciary responsibilities; fidelity bond or insurance.
40-3226 Confidentiality of medical information.
40-3228 Grievance procedures; minimum requirements.
40-3230 Continuity of treatment upon termination of provider from plan.
40-3234 Health maintenance organization; financial condition; hearing; commissioner's powers.
40-3235 Health maintenance organization act; provisions supplemental to.