65-4915.Peer review; health care providers,services and costs; definitions; authority of peer review officer or committee;records and testimony of information contained therein privileged; licensingagency disciplinary proceedings; exceptions.(a) As used in this section:
(1) "Health care provider" means: (A) Those persons and entities definedas a health care provider under K.S.A. 40-3401 and amendments thereto; and(B) a dentist licensed by the Kansas dental board, a dental hygienistlicensed by the Kansas dental board, a professional nurse licensed by theboard of nursing, a practical nurse licensed by the board of nursing, amental health technician licensed by the board of nursing,a physical therapist licensed by the state board of healing arts,a physicaltherapist assistant certified by the state board of healing arts, anoccupational therapist licensed by the state board ofhealing arts, anoccupational therapy assistant licensed by the stateboard of healingarts, a respiratory therapist licensed by the stateboard of healing arts, aphysician assistant licensedby the state board of healingarts and attendants and ambulance services certified by the emergency medicalservices board.
(2) "Health care provider group" means:
(A) A state or local association of health care providersor one or more committees thereof;
(B) the board of governors created under K.S.A. 40-3403 and amendmentsthereto;
(C) an organization of health care providers formed pursuant to state orfederal law and authorized to evaluate medical and health care services;
(D) a review committee operating pursuant to K.S.A. 65-2840c andamendments thereto;
(E) an organized medical staff of a licensed medical care facility asdefined by K.S.A. 65-425 and amendments thereto, an organized medicalstaff of a private psychiatric hospital licensed under K.S.A. 75-3307b andamendments thereto or an organized medical staff of a state psychiatrichospital or state institution for the mentally retarded,as follows: Larned state hospital, Osawatomie state hospital, Rainbowmental health facility, Kansas neurologicalinstitute and Parsons state hospital andtrainingcenter;
(F) a health care provider;
(G) a professional society of health care providers or one or morecommittees thereof;
(H) a Kansas corporation whose stockholders or members are health careproviders or an association of health care providers, which corporationevaluates medical and health care services; or
(I) an insurance company, health maintenance organization or administratorof a health benefits plan which engages in any of the functions defined as peerreview under this section.
(3) "Peer review" means any of the following functions:
(A) Evaluate and improve the quality of health care services rendered byhealth care providers;
(B) determine that health services rendered were professionallyindicated or were performed in compliance with the applicable standard of care;
(C) determine that the cost of health care rendered was consideredreasonable by the providers of professional health services in this area;
(D) evaluate the qualifications, competence and performance of theproviders of health care or to act upon matters relating to the disciplineof any individual provider of health care;
(E) reduce morbidity or mortality;
(F) establish and enforce guidelines designed to keep within reasonablebounds the cost of health care;
(G) conduct of research;
(H) determine if a hospital's facilities are being properly utilized;
(I) supervise, discipline, admit, determine privileges or controlmembers of a hospital's medical staff;
(J) review the professional qualifications or activities of health careproviders;
(K) evaluate the quantity, quality and timeliness of health careservices rendered to patients in the facility;
(L) evaluate, review or improve methods, procedures or treatments beingutilized by the medical care facility or by health care providers in afacility rendering health care.
(4) "Peer review officer or committee" means:
(A) An individual employed,designated or appointed by, or a committee of or employed, designated orappointed by, a health care provider group and authorized to perform peerreview; or
(B) a health care provider monitoring the delivery of health care atcorrectional institutions under the jurisdiction of the secretary ofcorrections.
(b) Except as provided by K.S.A. 60-437 and amendments thereto and bysubsections (c) and (d), the reports, statements, memoranda, proceedings,findings and other records submitted to or generated by peer reviewcommittees or officers shall beprivileged and shall not be subject to discovery, subpoena or other meansof legal compulsion for their release to any person or entity or beadmissible in evidence in any judicial or administrative proceeding.Information contained in such records shall not be discoverable oradmissible at trial in the form of testimony by an individual whoparticipated in the peer review process.The peer review officer or committee creating or initially receiving therecord is the holder of the privilege established by this section.This privilege may be claimed bythe legal entity creating the peer review committee or officer, or by thecommissioner of insurance for any records or proceedings of the board ofgovernors.
(c) Subsection (b) shall not apply to proceedings in which a health careprovider contests the revocation, denial, restriction or termination ofstaff privileges or the license, registration, certification or otherauthorization to practice of the health care provider.A licensing agency in conducting a disciplinary proceeding in which admissionof any peer review committee report, record or testimony is proposed shall holdthe hearing in closed session when any such report, record or testimony isdisclosed. Unless otherwise provided by law, a licensing agency conducting adisciplinaryproceeding may close only that portion of the hearing in which disclosure of areport or record privileged under this section is proposed. In closing aportion of a hearing as provided by this section, the presiding officer mayexclude any person from the hearing location except the licensee, thelicensee's attorney, the agency's attorney, the witness, the court reporter andappropriate staff support for either counsel.The licensingagency shall make the portions of the agency record in which such report orrecord is disclosed subject to a protective order prohibiting furtherdisclosure of such report or record. Such report or record shall not be subjectto discovery, subpoena or other means of legal compulsion for their release toany person or entity. No person in attendance at a closed portion of adisciplinary proceedingshallat a subsequent civil, criminal or administrative hearing, be required totestify regarding the existence or content of a report or record privilegedunder this section which was disclosed in a closed portion of a hearing, norshall such testimony be admitted into evidence in any subsequent civil,criminal or administrative hearing.A licensing agency conducting a disciplinary proceeding may review peer reviewcommittee records, testimony or reports but must prove its findings withindependently obtained testimony or records which shall be presented as part ofthe disciplinary proceeding in open meeting of the licensing agency. Offeringsuch testimony or records in an open public hearing shall not be deemed awaiver of the peer review privilege relating to any peer review committeetestimony, records or report.
(d) Nothing in this section shall limit the authority, which mayotherwise be provided by law, of the commissioner of insurance, the stateboard of healing arts or other health care provider licensing ordisciplinary boards of this state to require a peer review committee orofficer to report to it any disciplinary action or recommendation of suchcommittee or officer; to transfer to it records of such committee's orofficer's proceedings or actions to restrict or revoke the license,registration, certification or other authorization to practice of a healthcare provider; or to terminate the liability of the fund for all claimsagainst a specific health care provider for damages for death or personalinjury pursuant to subsection (i) of K.S.A. 40-3403 and amendments thereto.Reports and records so furnished shall not be subject to discovery,subpoena or other means of legal compulsion for their release to any personor entity and shall not be admissible in evidence in any judicial oradministrative proceeding other than a disciplinary proceeding by the stateboard of healing arts or other health care provider licensing ordisciplinary boards of this state.
(e) A peer review committee or officer may report to and discuss itsactivities, information and findings to other peer review committees orofficers or to a board of directors or an administrative officer of ahealth care provider without waiver of the privilege provided by subsection(b) and the records of all such committees or officers relating to suchreport shall be privileged as provided by subsection (b).
(f) Nothing in this section shall be construed to prevent an insured fromobtaining information pertaining to payment of benefits under a contract withan insurance company, a health maintenance organization or an administrator ofa health benefits plan.
65-4915.Peer review; health care providers,services and costs; definitions; authority of peer review officer or committee;records and testimony of information contained therein privileged; licensingagency disciplinary proceedings; exceptions.(a) As used in this section:
(1) "Health care provider" means: (A) Those persons and entities definedas a health care provider under K.S.A. 40-3401 and amendments thereto; and(B) a dentist licensed by the Kansas dental board, a dental hygienistlicensed by the Kansas dental board, a professional nurse licensed by theboard of nursing, a practical nurse licensed by the board of nursing, amental health technician licensed by the board of nursing,a physical therapist licensed by the state board of healing arts,a physicaltherapist assistant certified by the state board of healing arts, anoccupational therapist licensed by the state board ofhealing arts, anoccupational therapy assistant licensed by the stateboard of healingarts, a respiratory therapist licensed by the stateboard of healing arts, aphysician assistant licensedby the state board of healingarts and attendants and ambulance services certified by the emergency medicalservices board.
(2) "Health care provider group" means:
(A) A state or local association of health care providersor one or more committees thereof;
(B) the board of governors created under K.S.A. 40-3403 and amendmentsthereto;
(C) an organization of health care providers formed pursuant to state orfederal law and authorized to evaluate medical and health care services;
(D) a review committee operating pursuant to K.S.A. 65-2840c andamendments thereto;
(E) an organized medical staff of a licensed medical care facility asdefined by K.S.A. 65-425 and amendments thereto, an organized medicalstaff of a private psychiatric hospital licensed under K.S.A. 75-3307b andamendments thereto or an organized medical staff of a state psychiatrichospital or state institution for the mentally retarded,as follows: Larned state hospital, Osawatomie state hospital, Rainbowmental health facility, Kansas neurologicalinstitute and Parsons state hospital andtrainingcenter;
(F) a health care provider;
(G) a professional society of health care providers or one or morecommittees thereof;
(H) a Kansas corporation whose stockholders or members are health careproviders or an association of health care providers, which corporationevaluates medical and health care services; or
(I) an insurance company, health maintenance organization or administratorof a health benefits plan which engages in any of the functions defined as peerreview under this section.
(3) "Peer review" means any of the following functions:
(A) Evaluate and improve the quality of health care services rendered byhealth care providers;
(B) determine that health services rendered were professionallyindicated or were performed in compliance with the applicable standard of care;
(C) determine that the cost of health care rendered was consideredreasonable by the providers of professional health services in this area;
(D) evaluate the qualifications, competence and performance of theproviders of health care or to act upon matters relating to the disciplineof any individual provider of health care;
(E) reduce morbidity or mortality;
(F) establish and enforce guidelines designed to keep within reasonablebounds the cost of health care;
(G) conduct of research;
(H) determine if a hospital's facilities are being properly utilized;
(I) supervise, discipline, admit, determine privileges or controlmembers of a hospital's medical staff;
(J) review the professional qualifications or activities of health careproviders;
(K) evaluate the quantity, quality and timeliness of health careservices rendered to patients in the facility;
(L) evaluate, review or improve methods, procedures or treatments beingutilized by the medical care facility or by health care providers in afacility rendering health care.
(4) "Peer review officer or committee" means:
(A) An individual employed,designated or appointed by, or a committee of or employed, designated orappointed by, a health care provider group and authorized to perform peerreview; or
(B) a health care provider monitoring the delivery of health care atcorrectional institutions under the jurisdiction of the secretary ofcorrections.
(b) Except as provided by K.S.A. 60-437 and amendments thereto and bysubsections (c) and (d), the reports, statements, memoranda, proceedings,findings and other records submitted to or generated by peer reviewcommittees or officers shall beprivileged and shall not be subject to discovery, subpoena or other meansof legal compulsion for their release to any person or entity or beadmissible in evidence in any judicial or administrative proceeding.Information contained in such records shall not be discoverable oradmissible at trial in the form of testimony by an individual whoparticipated in the peer review process.The peer review officer or committee creating or initially receiving therecord is the holder of the privilege established by this section.This privilege may be claimed bythe legal entity creating the peer review committee or officer, or by thecommissioner of insurance for any records or proceedings of the board ofgovernors.
(c) Subsection (b) shall not apply to proceedings in which a health careprovider contests the revocation, denial, restriction or termination ofstaff privileges or the license, registration, certification or otherauthorization to practice of the health care provider.A licensing agency in conducting a disciplinary proceeding in which admissionof any peer review committee report, record or testimony is proposed shall holdthe hearing in closed session when any such report, record or testimony isdisclosed. Unless otherwise provided by law, a licensing agency conducting adisciplinaryproceeding may close only that portion of the hearing in which disclosure of areport or record privileged under this section is proposed. In closing aportion of a hearing as provided by this section, the presiding officer mayexclude any person from the hearing location except the licensee, thelicensee's attorney, the agency's attorney, the witness, the court reporter andappropriate staff support for either counsel.The licensingagency shall make the portions of the agency record in which such report orrecord is disclosed subject to a protective order prohibiting furtherdisclosure of such report or record. Such report or record shall not be subjectto discovery, subpoena or other means of legal compulsion for their release toany person or entity. No person in attendance at a closed portion of adisciplinary proceedingshallat a subsequent civil, criminal or administrative hearing, be required totestify regarding the existence or content of a report or record privilegedunder this section which was disclosed in a closed portion of a hearing, norshall such testimony be admitted into evidence in any subsequent civil,criminal or administrative hearing.A licensing agency conducting a disciplinary proceeding may review peer reviewcommittee records, testimony or reports but must prove its findings withindependently obtained testimony or records which shall be presented as part ofthe disciplinary proceeding in open meeting of the licensing agency. Offeringsuch testimony or records in an open public hearing shall not be deemed awaiver of the peer review privilege relating to any peer review committeetestimony, records or report.
(d) Nothing in this section shall limit the authority, which mayotherwise be provided by law, of the commissioner of insurance, the stateboard of healing arts or other health care provider licensing ordisciplinary boards of this state to require a peer review committee orofficer to report to it any disciplinary action or recommendation of suchcommittee or officer; to transfer to it records of such committee's orofficer's proceedings or actions to restrict or revoke the license,registration, certification or other authorization to practice of a healthcare provider; or to terminate the liability of the fund for all claimsagainst a specific health care provider for damages for death or personalinjury pursuant to subsection (i) of K.S.A. 40-3403 and amendments thereto.Reports and records so furnished shall not be subject to discovery,subpoena or other means of legal compulsion for their release to any personor entity and shall not be admissible in evidence in any judicial oradministrative proceeding other than a disciplinary proceeding by the stateboard of healing arts or other health care provider licensing ordisciplinary boards of this state.
(e) A peer review committee or officer may report to and discuss itsactivities, information and findings to other peer review committees orofficers or to a board of directors or an administrative officer of ahealth care provider without waiver of the privilege provided by subsection(b) and the records of all such committees or officers relating to suchreport shall be privileged as provided by subsection (b).
(f) Nothing in this section shall be construed to prevent an insured fromobtaining information pertaining to payment of benefits under a contract withan insurance company, a health maintenance organization or an administrator ofa health benefits plan.
65-4915.Peer review; health care providers,services and costs; definitions; authority of peer review officer or committee;records and testimony of information contained therein privileged; licensingagency disciplinary proceedings; exceptions.(a) As used in this section:
(1) "Health care provider" means: (A) Those persons and entities definedas a health care provider under K.S.A. 40-3401 and amendments thereto; and(B) a dentist licensed by the Kansas dental board, a dental hygienistlicensed by the Kansas dental board, a professional nurse licensed by theboard of nursing, a practical nurse licensed by the board of nursing, amental health technician licensed by the board of nursing,a physical therapist licensed by the state board of healing arts,a physicaltherapist assistant certified by the state board of healing arts, anoccupational therapist licensed by the state board ofhealing arts, anoccupational therapy assistant licensed by the stateboard of healingarts, a respiratory therapist licensed by the stateboard of healing arts, aphysician assistant licensedby the state board of healingarts and attendants and ambulance services certified by the emergency medicalservices board.
(2) "Health care provider group" means:
(A) A state or local association of health care providersor one or more committees thereof;
(B) the board of governors created under K.S.A. 40-3403 and amendmentsthereto;
(C) an organization of health care providers formed pursuant to state orfederal law and authorized to evaluate medical and health care services;
(D) a review committee operating pursuant to K.S.A. 65-2840c andamendments thereto;
(E) an organized medical staff of a licensed medical care facility asdefined by K.S.A. 65-425 and amendments thereto, an organized medicalstaff of a private psychiatric hospital licensed under K.S.A. 75-3307b andamendments thereto or an organized medical staff of a state psychiatrichospital or state institution for the mentally retarded,as follows: Larned state hospital, Osawatomie state hospital, Rainbowmental health facility, Kansas neurologicalinstitute and Parsons state hospital andtrainingcenter;
(F) a health care provider;
(G) a professional society of health care providers or one or morecommittees thereof;
(H) a Kansas corporation whose stockholders or members are health careproviders or an association of health care providers, which corporationevaluates medical and health care services; or
(I) an insurance company, health maintenance organization or administratorof a health benefits plan which engages in any of the functions defined as peerreview under this section.
(3) "Peer review" means any of the following functions:
(A) Evaluate and improve the quality of health care services rendered byhealth care providers;
(B) determine that health services rendered were professionallyindicated or were performed in compliance with the applicable standard of care;
(C) determine that the cost of health care rendered was consideredreasonable by the providers of professional health services in this area;
(D) evaluate the qualifications, competence and performance of theproviders of health care or to act upon matters relating to the disciplineof any individual provider of health care;
(E) reduce morbidity or mortality;
(F) establish and enforce guidelines designed to keep within reasonablebounds the cost of health care;
(G) conduct of research;
(H) determine if a hospital's facilities are being properly utilized;
(I) supervise, discipline, admit, determine privileges or controlmembers of a hospital's medical staff;
(J) review the professional qualifications or activities of health careproviders;
(K) evaluate the quantity, quality and timeliness of health careservices rendered to patients in the facility;
(L) evaluate, review or improve methods, procedures or treatments beingutilized by the medical care facility or by health care providers in afacility rendering health care.
(4) "Peer review officer or committee" means:
(A) An individual employed,designated or appointed by, or a committee of or employed, designated orappointed by, a health care provider group and authorized to perform peerreview; or
(B) a health care provider monitoring the delivery of health care atcorrectional institutions under the jurisdiction of the secretary ofcorrections.
(b) Except as provided by K.S.A. 60-437 and amendments thereto and bysubsections (c) and (d), the reports, statements, memoranda, proceedings,findings and other records submitted to or generated by peer reviewcommittees or officers shall beprivileged and shall not be subject to discovery, subpoena or other meansof legal compulsion for their release to any person or entity or beadmissible in evidence in any judicial or administrative proceeding.Information contained in such records shall not be discoverable oradmissible at trial in the form of testimony by an individual whoparticipated in the peer review process.The peer review officer or committee creating or initially receiving therecord is the holder of the privilege established by this section.This privilege may be claimed bythe legal entity creating the peer review committee or officer, or by thecommissioner of insurance for any records or proceedings of the board ofgovernors.
(c) Subsection (b) shall not apply to proceedings in which a health careprovider contests the revocation, denial, restriction or termination ofstaff privileges or the license, registration, certification or otherauthorization to practice of the health care provider.A licensing agency in conducting a disciplinary proceeding in which admissionof any peer review committee report, record or testimony is proposed shall holdthe hearing in closed session when any such report, record or testimony isdisclosed. Unless otherwise provided by law, a licensing agency conducting adisciplinaryproceeding may close only that portion of the hearing in which disclosure of areport or record privileged under this section is proposed. In closing aportion of a hearing as provided by this section, the presiding officer mayexclude any person from the hearing location except the licensee, thelicensee's attorney, the agency's attorney, the witness, the court reporter andappropriate staff support for either counsel.The licensingagency shall make the portions of the agency record in which such report orrecord is disclosed subject to a protective order prohibiting furtherdisclosure of such report or record. Such report or record shall not be subjectto discovery, subpoena or other means of legal compulsion for their release toany person or entity. No person in attendance at a closed portion of adisciplinary proceedingshallat a subsequent civil, criminal or administrative hearing, be required totestify regarding the existence or content of a report or record privilegedunder this section which was disclosed in a closed portion of a hearing, norshall such testimony be admitted into evidence in any subsequent civil,criminal or administrative hearing.A licensing agency conducting a disciplinary proceeding may review peer reviewcommittee records, testimony or reports but must prove its findings withindependently obtained testimony or records which shall be presented as part ofthe disciplinary proceeding in open meeting of the licensing agency. Offeringsuch testimony or records in an open public hearing shall not be deemed awaiver of the peer review privilege relating to any peer review committeetestimony, records or report.
(d) Nothing in this section shall limit the authority, which mayotherwise be provided by law, of the commissioner of insurance, the stateboard of healing arts or other health care provider licensing ordisciplinary boards of this state to require a peer review committee orofficer to report to it any disciplinary action or recommendation of suchcommittee or officer; to transfer to it records of such committee's orofficer's proceedings or actions to restrict or revoke the license,registration, certification or other authorization to practice of a healthcare provider; or to terminate the liability of the fund for all claimsagainst a specific health care provider for damages for death or personalinjury pursuant to subsection (i) of K.S.A. 40-3403 and amendments thereto.Reports and records so furnished shall not be subject to discovery,subpoena or other means of legal compulsion for their release to any personor entity and shall not be admissible in evidence in any judicial oradministrative proceeding other than a disciplinary proceeding by the stateboard of healing arts or other health care provider licensing ordisciplinary boards of this state.
(e) A peer review committee or officer may report to and discuss itsactivities, information and findings to other peer review committees orofficers or to a board of directors or an administrative officer of ahealth care provider without waiver of the privilege provided by subsection(b) and the records of all such committees or officers relating to suchreport shall be privileged as provided by subsection (b).
(f) Nothing in this section shall be construed to prevent an insured fromobtaining information pertaining to payment of benefits under a contract withan insurance company, a health maintenance organization or an administrator ofa health benefits plan.
