State Codes and Statutes

Statutes > Kansas > Chapter65 > Article49 > Statutes_26954

65-4922

Chapter 65.--PUBLIC HEALTH
Article 49.--HEALTH CARE PROVIDERS

      65-4922.   Medical care facilities; risk management program required;submission of plan; inspections and investigations; approval of plan;reports and records confidential.(a) Each medical care facility shall establish and maintain an internalrisk management program which shall consist of:

      (1)   A system for investigation and analysis of the frequencyand causes of reportable incidents within the facility;

      (2)   measures to minimize the occurrence of reportable incidentsand the resulting injuries within the facility; and

      (3)   a reporting system based upon the duty of all health careproviders staffing the facility and all agents and employees of thefacility directly involved in the delivery of health care services toreport reportable incidents to the chief of the medical staff, chiefadministrative officer or risk manager of the facility.

      (b)   Not less than 60 days before the time for renewal of its license in1987, each medical care facility shall submit to the department its planfor establishing and implementing an internal risk management program.Such plan may rely upon policies and procedures adopted by the medicalcare facility and its departments and committees. Failure to submit sucha plan shall result in denial of the renewal of the facility's license.

      (c)   The department shall make or cause to be made such inspections andinvestigations as it deems necessary to reasonably assure that each medicalcare facility is implementing the internal risk management program requiredby this section. In making such inspections and investigations, thedepartment may review and copy the reports and records of all executivecommittees designated to investigate reportable incidents under this act.

      (d)   Upon review of a plan submitted pursuant to subsection (b), thedepartment shall determine whether the plan meets criteria of this section.If the plan does not meet such criteria, the department shall disapprovethe plan and return it to the facility, along with the reasons fordisapproval. Within 60 days, the facility shall submit to the department arevised plan which meets the requirements of this section and any rules andregulations adopted hereunder. No medical care facility shall be grantedrenewal of its license in 1988 unless its plan has been approved by thedepartment.

      (e)   A medical care facility shall not be liable for compliance with orfailure to comply with the provisions of this section or any rules andregulations adopted hereunder, except as provided in K.S.A. 65-430 andamendments thereto.

      (f)   The secretary shall adopt such rules and regulations as necessary toadminister and enforce the provisions of this section.

      (g)   Any reports and records reviewed or obtained by the departmentand in the department's possession, pursuant to subsection (a) of K.S.A.65-4925, and amendments thereto, shall be confidential andprivileged and not subject to discovery, subpoenaor legal compulsion for their release to any person or entity, nor shallthey be admissible in any civil or administrative action other than adisciplinary proceeding by the department.

      History:   L. 1986, ch. 229, § 3; L. 1987, ch. 176, § 9; L.1989, ch. 201, § 1; April 27.

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article49 > Statutes_26954

65-4922

Chapter 65.--PUBLIC HEALTH
Article 49.--HEALTH CARE PROVIDERS

      65-4922.   Medical care facilities; risk management program required;submission of plan; inspections and investigations; approval of plan;reports and records confidential.(a) Each medical care facility shall establish and maintain an internalrisk management program which shall consist of:

      (1)   A system for investigation and analysis of the frequencyand causes of reportable incidents within the facility;

      (2)   measures to minimize the occurrence of reportable incidentsand the resulting injuries within the facility; and

      (3)   a reporting system based upon the duty of all health careproviders staffing the facility and all agents and employees of thefacility directly involved in the delivery of health care services toreport reportable incidents to the chief of the medical staff, chiefadministrative officer or risk manager of the facility.

      (b)   Not less than 60 days before the time for renewal of its license in1987, each medical care facility shall submit to the department its planfor establishing and implementing an internal risk management program.Such plan may rely upon policies and procedures adopted by the medicalcare facility and its departments and committees. Failure to submit sucha plan shall result in denial of the renewal of the facility's license.

      (c)   The department shall make or cause to be made such inspections andinvestigations as it deems necessary to reasonably assure that each medicalcare facility is implementing the internal risk management program requiredby this section. In making such inspections and investigations, thedepartment may review and copy the reports and records of all executivecommittees designated to investigate reportable incidents under this act.

      (d)   Upon review of a plan submitted pursuant to subsection (b), thedepartment shall determine whether the plan meets criteria of this section.If the plan does not meet such criteria, the department shall disapprovethe plan and return it to the facility, along with the reasons fordisapproval. Within 60 days, the facility shall submit to the department arevised plan which meets the requirements of this section and any rules andregulations adopted hereunder. No medical care facility shall be grantedrenewal of its license in 1988 unless its plan has been approved by thedepartment.

      (e)   A medical care facility shall not be liable for compliance with orfailure to comply with the provisions of this section or any rules andregulations adopted hereunder, except as provided in K.S.A. 65-430 andamendments thereto.

      (f)   The secretary shall adopt such rules and regulations as necessary toadminister and enforce the provisions of this section.

      (g)   Any reports and records reviewed or obtained by the departmentand in the department's possession, pursuant to subsection (a) of K.S.A.65-4925, and amendments thereto, shall be confidential andprivileged and not subject to discovery, subpoenaor legal compulsion for their release to any person or entity, nor shallthey be admissible in any civil or administrative action other than adisciplinary proceeding by the department.

      History:   L. 1986, ch. 229, § 3; L. 1987, ch. 176, § 9; L.1989, ch. 201, § 1; April 27.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article49 > Statutes_26954

65-4922

Chapter 65.--PUBLIC HEALTH
Article 49.--HEALTH CARE PROVIDERS

      65-4922.   Medical care facilities; risk management program required;submission of plan; inspections and investigations; approval of plan;reports and records confidential.(a) Each medical care facility shall establish and maintain an internalrisk management program which shall consist of:

      (1)   A system for investigation and analysis of the frequencyand causes of reportable incidents within the facility;

      (2)   measures to minimize the occurrence of reportable incidentsand the resulting injuries within the facility; and

      (3)   a reporting system based upon the duty of all health careproviders staffing the facility and all agents and employees of thefacility directly involved in the delivery of health care services toreport reportable incidents to the chief of the medical staff, chiefadministrative officer or risk manager of the facility.

      (b)   Not less than 60 days before the time for renewal of its license in1987, each medical care facility shall submit to the department its planfor establishing and implementing an internal risk management program.Such plan may rely upon policies and procedures adopted by the medicalcare facility and its departments and committees. Failure to submit sucha plan shall result in denial of the renewal of the facility's license.

      (c)   The department shall make or cause to be made such inspections andinvestigations as it deems necessary to reasonably assure that each medicalcare facility is implementing the internal risk management program requiredby this section. In making such inspections and investigations, thedepartment may review and copy the reports and records of all executivecommittees designated to investigate reportable incidents under this act.

      (d)   Upon review of a plan submitted pursuant to subsection (b), thedepartment shall determine whether the plan meets criteria of this section.If the plan does not meet such criteria, the department shall disapprovethe plan and return it to the facility, along with the reasons fordisapproval. Within 60 days, the facility shall submit to the department arevised plan which meets the requirements of this section and any rules andregulations adopted hereunder. No medical care facility shall be grantedrenewal of its license in 1988 unless its plan has been approved by thedepartment.

      (e)   A medical care facility shall not be liable for compliance with orfailure to comply with the provisions of this section or any rules andregulations adopted hereunder, except as provided in K.S.A. 65-430 andamendments thereto.

      (f)   The secretary shall adopt such rules and regulations as necessary toadminister and enforce the provisions of this section.

      (g)   Any reports and records reviewed or obtained by the departmentand in the department's possession, pursuant to subsection (a) of K.S.A.65-4925, and amendments thereto, shall be confidential andprivileged and not subject to discovery, subpoenaor legal compulsion for their release to any person or entity, nor shallthey be admissible in any civil or administrative action other than adisciplinary proceeding by the department.

      History:   L. 1986, ch. 229, § 3; L. 1987, ch. 176, § 9; L.1989, ch. 201, § 1; April 27.