44-557a. Compilation and publication of statistics; database of information; submission of data; contracts for actuarial or statistical services. (a) The director shall: (1) Compile and publish statistics to determine the causation of compensable disabilities in the state of Kansas and (2) compile and maintain a database of information on claim characteristics and costs related to closed claims, in order to determine the effectiveness of the workers compensation act to provide adequate indemnity, medical and vocational rehabilitation compensation to injured workers and to return injured workers to remunerative employment. The commissioner of insurance shall cooperate with the director and shall make available any information which will assist the director in compiling such information and statistics and may contract with the director and the secretary of the department of health and environment to collect such information as the director deems necessary. The secretary of revenue shall cooperate with the director and shall disclose individual income taxpayers names, addresses and social security numbers to the director to be used solely for the verification of workers compensation data files. For purposes of this subsection, such disclosure shall not be considered the disclosure of any particulars of a report or return.
(b) In order to further the purpose of subsection (a), each self-insured employer, group-funded workers compensation pool and insurance carrier shall submit to the director the disposition of a statistically significant sample of closed claims under the act. Unless provided by regulations to the contrary, on or after January 1, 2004, any insurer, group-funded workers compensation pool or self-insured employer who voluntarily submits claim information to the director pursuant to release 1 of the international association of industrial accident boards and commission's electronic data interchange implementation guide dated August 9, 1995, and amendments thereto, up to April 4, 2002, shall be deemed to be in compliance.
(c) Each self-insured employer, group-funded workers compensation pool, insurance carrier or health care facility shall submit medical information, by procedure, charge and zip code of the provider, or by hospital charge and related diagnostic and procedure codes in order to set the maximum medical fee schedule.
(d) The director may contract for professional actuarial or statistical services to provide assistance in determining the types of information and the methods of selecting and analyzing information as may be necessary for the director to conduct studies of closed claims under the workers compensation act and to enable the director to make valid statistical conclusions as to the distribution of costs of workers compensation benefits.
(e) The director shall obtain such office and computer equipment and employ such additional clerical help as the director deems necessary to gather such information and prepare such statistics.
(f) If a self-insured employer, group-funded workers compensation pool or insurance carrier fails to supply the information required by this section, the director shall issue and serve upon such person a summary order or statement of the charges with respect thereto and a hearing shall be conducted thereon in accordance with the provisions of the Kansas administrative procedure act. An administrative penalty of up to $500 for each violation or act, along with an additional penalty of up to $100 for each week thereafter that such report or other information is not provided to the director shall be imposed.
History: L. 1974, ch. 203, § 44; L. 1993, ch. 286, § 60; L. 1997, ch. 125, § 14; L. 2000, ch. 160, § 17; L. 2002, ch. 122, § 5; L. 2003, ch. 22, § 1; July 1.
Structure Kansas Statutes
Chapter 44 - Labor And Industries
Article 5 - Workers Compensation
44-501b Legislative intent; employer obligation, burden of proof; liability.
44-501c Public service benefits protection act.
44-502 Reservation of penalties.
44-503a Multiple employment; apportionment of liability.
44-503c Employment status of an owner-operator of a motor vehicle; definitions.
44-505b County as self-insurer; establishment of reserve fund; retransfers.
44-505c Local political and taxing subdivision; payment of workmen's compensation coverage.
44-505f City as self-insurer; establishment of reserve fund; retransfers.
44-506 Application of act to certain businesses or employments, lands and premises.
44-509 Incapacitated workman or dependent; exercise of rights; limitation of actions.
44-510c Compensation for permanent total and temporary total disabilities.
44-510d Compensation for certain permanent partial disabilities; computation thereof; schedule.
44-510f Employer's maximum liability for disability compensation; credit for unearned wages.
44-510j Medical benefits; fee disputes; utilization and peer review.
44-510l Warning notice to injured employee.
44-511 Definitions; average weekly wage; volunteers; state's average weekly wage.
44-512 Time and manner of compensation payments.
44-512b Failure to pay compensation prior to award without just cause; interest, penalty.
44-513a Minors entitled to compensation; payment.
44-513b Same; act supplemental.
44-514 Payments not assignable; exception, orders for support.
44-516 Medical examination by neutral health care provider.
44-518 Refusal of medical examination; effect.
44-519 Certificate of health care provider as evidence.
44-525 Form of findings and awards; effective date.
44-526 Filing agreements, awards, etc.
44-528 Review and modification of awards; reinstatement; cancellation; effective date.
44-529 Judgment on agreement or awards.
44-530 Staying proceedings upon an award.
44-531 Redemption of liability; lump-sum payment of award; exception.
44-534 Proceedings; time limitations; electronic filing system authorized.
44-535 When the right to compensation accrues.
44-536a Signing of pleadings, motions and other documents; liability for frivolous filings.
44-542a Election by individual employer, partner or self-employed person.
44-543 Election by certain employees.
44-545 Defenses available in certain cases.
44-550 Records of proceedings, documents; custody and preservation.
44-550b Records open to public inspection, exceptions.
44-552 Record of hearing; certified shorthand reporter; transcript; costs.
44-555 Reporter's fees, assessment.
44-556a Transfer of appeals due to constitutional defect.
44-559 Insurance against liability; form and contents of policy.
44-562 Reports to insurance commissioner; inspection.
44-566 Workers compensation fund to facilitate employment of handicapped workers; definitions.
44-569a Same; employer or insurance carrier reimbursed from fund, when.
44-572 Same; review; modification or cancellation of awards.
44-573 Rules and regulations; filing.
44-574 Construing and citing workers compensation laws; severability.
44-578 Same; administrative rules and regulations.
44-579 Same; copies of accident reports to secretary of administration.
44-580 Same; construction of 44-575 to 44-580.
44-581 Group-funded workers compensation pools; requirements.
44-582 Same; certificate of authority; application; commissioner's review of surplus funds.
44-583 Same; irrevocable consent; service of process on commissioner of insurance.
44-584 Same; certificate of authority, renewal, suspension, revocation; examinations.
44-585 Same; premiums; contributions; deposit of premiums; refunds.
44-586 Same; premiums; use; investments.
44-588 Same; premium tax; payment.
44-589 Same; assessments; subject to article 24 of chapter 40 of Kansas Statutes Annotated.
44-590 Same; new members; application; termination.
44-591 Same; board of trustees; duties.
44-592 Same; licensing of persons soliciting workers compensation insurance.
44-593 Reorganization of pool agreement under 12-2216 et seq.
44-594 Same; confidentiality of certain financial information.
44-5,102 Same; distribution upon notice of injury; preparation and dissemination.
44-5,117 Mediation conferences.
44-5,121 Same; cause of action to recover economic losses.
44-5,123 Same; immunity from civil liability for reporting information in good faith.
44-5,124 Assistant attorney general; appointment within division of workers compensation; duties.