State Codes and Statutes

Statutes > Kansas > Chapter40 > Article31 > Statutes_17991

40-3114

Chapter 40.--INSURANCE
Article 31.--KANSAS AUTOMOBILE INJURY REPARATIONS ACT

      40-3114.   Duty of employer, physician, hospital, clinic or medicalinstitution to furnish information upon request of insurer or self-insurer;settlement of dispute by district court; copy of information to insured.(a) Whenever a request is made by a self-insurer or an insurer providingpersonal injury protection benefits under this act and against whom a claimhas been made:

      (1)   Every employer shall furnish forthwith, in a form approved by thecommissioner, a sworn statement of the earnings since the time of theinjury, and for a reasonable period before the injury, of the employee uponwhose injury the claim is based.

      (2)   Every physician, hospital, clinic or other medical institutionproviding, before or after injury upon which a claim for personal injuryprotection benefits is based, any products, services or accommodations inrelation to that or any other injury, or in relation to a condition claimedto be connected with that or any other injury, shall furnish forthwith awritten report of the history, condition, treatment and dates and costs ofsuch treatment of the injured person, and produce forthwith and permit theinspection and copying of his or its records regarding such history,condition, treatment and dates and costs of treatment. The personrequesting such records shall pay all reasonable costs connected therewith.

      (b)   In the event of any dispute regarding an insurer's or self-insurer'sright to discovery of facts about an injured person's earnings or about hishistory, condition, treatment and dates and costs of such treatment, theinsurer may petition the district court to enter an order permitting suchdiscovery. The order may be made only on timely motion, for good causeshown and upon notice to all persons having an interest, and it shallspecify the time, place, manner, conditions and scope of the discovery. Inorder to protect against annoyance, harassment, embarrassment oroppression, the court may enter an order refusing discovery, or specifyingconditions of discovery, and may order payment of costs and expenses of theproceeding, including reasonable fees for the appearance of attorneys atthe proceedings, as justice requires.

      (c)   The injured person shall be furnished upon demand a copy of allinformation obtained by the insurer or self-insurer under the provisions ofthis section, and shall pay a reasonable charge therefor, if so required.

      History:   L. 1974, ch. 193, § 14; Feb. 22.

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article31 > Statutes_17991

40-3114

Chapter 40.--INSURANCE
Article 31.--KANSAS AUTOMOBILE INJURY REPARATIONS ACT

      40-3114.   Duty of employer, physician, hospital, clinic or medicalinstitution to furnish information upon request of insurer or self-insurer;settlement of dispute by district court; copy of information to insured.(a) Whenever a request is made by a self-insurer or an insurer providingpersonal injury protection benefits under this act and against whom a claimhas been made:

      (1)   Every employer shall furnish forthwith, in a form approved by thecommissioner, a sworn statement of the earnings since the time of theinjury, and for a reasonable period before the injury, of the employee uponwhose injury the claim is based.

      (2)   Every physician, hospital, clinic or other medical institutionproviding, before or after injury upon which a claim for personal injuryprotection benefits is based, any products, services or accommodations inrelation to that or any other injury, or in relation to a condition claimedto be connected with that or any other injury, shall furnish forthwith awritten report of the history, condition, treatment and dates and costs ofsuch treatment of the injured person, and produce forthwith and permit theinspection and copying of his or its records regarding such history,condition, treatment and dates and costs of treatment. The personrequesting such records shall pay all reasonable costs connected therewith.

      (b)   In the event of any dispute regarding an insurer's or self-insurer'sright to discovery of facts about an injured person's earnings or about hishistory, condition, treatment and dates and costs of such treatment, theinsurer may petition the district court to enter an order permitting suchdiscovery. The order may be made only on timely motion, for good causeshown and upon notice to all persons having an interest, and it shallspecify the time, place, manner, conditions and scope of the discovery. Inorder to protect against annoyance, harassment, embarrassment oroppression, the court may enter an order refusing discovery, or specifyingconditions of discovery, and may order payment of costs and expenses of theproceeding, including reasonable fees for the appearance of attorneys atthe proceedings, as justice requires.

      (c)   The injured person shall be furnished upon demand a copy of allinformation obtained by the insurer or self-insurer under the provisions ofthis section, and shall pay a reasonable charge therefor, if so required.

      History:   L. 1974, ch. 193, § 14; Feb. 22.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article31 > Statutes_17991

40-3114

Chapter 40.--INSURANCE
Article 31.--KANSAS AUTOMOBILE INJURY REPARATIONS ACT

      40-3114.   Duty of employer, physician, hospital, clinic or medicalinstitution to furnish information upon request of insurer or self-insurer;settlement of dispute by district court; copy of information to insured.(a) Whenever a request is made by a self-insurer or an insurer providingpersonal injury protection benefits under this act and against whom a claimhas been made:

      (1)   Every employer shall furnish forthwith, in a form approved by thecommissioner, a sworn statement of the earnings since the time of theinjury, and for a reasonable period before the injury, of the employee uponwhose injury the claim is based.

      (2)   Every physician, hospital, clinic or other medical institutionproviding, before or after injury upon which a claim for personal injuryprotection benefits is based, any products, services or accommodations inrelation to that or any other injury, or in relation to a condition claimedto be connected with that or any other injury, shall furnish forthwith awritten report of the history, condition, treatment and dates and costs ofsuch treatment of the injured person, and produce forthwith and permit theinspection and copying of his or its records regarding such history,condition, treatment and dates and costs of treatment. The personrequesting such records shall pay all reasonable costs connected therewith.

      (b)   In the event of any dispute regarding an insurer's or self-insurer'sright to discovery of facts about an injured person's earnings or about hishistory, condition, treatment and dates and costs of such treatment, theinsurer may petition the district court to enter an order permitting suchdiscovery. The order may be made only on timely motion, for good causeshown and upon notice to all persons having an interest, and it shallspecify the time, place, manner, conditions and scope of the discovery. Inorder to protect against annoyance, harassment, embarrassment oroppression, the court may enter an order refusing discovery, or specifyingconditions of discovery, and may order payment of costs and expenses of theproceeding, including reasonable fees for the appearance of attorneys atthe proceedings, as justice requires.

      (c)   The injured person shall be furnished upon demand a copy of allinformation obtained by the insurer or self-insurer under the provisions ofthis section, and shall pay a reasonable charge therefor, if so required.

      History:   L. 1974, ch. 193, § 14; Feb. 22.