65-6834. Same; use and disclosure of protected health information; immunity from liability. (a) No use or disclosure of protected health information maintained by or on an approved health information organization shall be made except pursuant to rules and regulations adopted by the department consistent with this act. An approved health information organization that uses or discloses protected health information in compliance with such rules shall be immune from any civil or criminal liability or any adverse administrative action arising out of or relating to such use or disclosure.
(b) Protected health information in the possession of an approved health information organization shall not be subject to discovery, subpoena or other means of legal compulsion for the release of such protected health information to any person or entity. An approved health information organization shall not be compelled by a request for production, subpoena, court order or otherwise, to disclose protected health information relating to an individual.
History: L. 2011, ch. 114, § 34; L. 2013, ch. 112, § 19; July 1.
Structure Kansas Statutes
65-6801 Health care database; legislative intent; use of information.
65-6803 Same; appointment of task forces; health care data policies and procedures.
65-6805 Same; medical, health care and other entities to file health care data; exception.
65-6806 Same; availability of data.
65-6807 Same; annual report to governor and legislature.
65-6821 Kansas health information technology act.
65-6824 Same; duties of covered entity.
65-6825 Same; use and disclosure of protected health information.
65-6828 Same; controlling law on confidentiality of protected health information.
65-6829 Same; disclosure of protected health information, when required or permitted.
65-6830 Same; health information organizations; standards for approval and operation.
65-6831 Same; process established for approval and investigation of HIOs.
65-6832 Same; participation agreements; specification of procedures and requirements.
65-6833 Same; health information organizations; eligibility for financial support from the state.
65-6834 Same; use and disclosure of protected health information; immunity from liability.
65-6836 Health care records; provision of copies; enforcement of act; costs; definitions.