Current through Register Vol. 43, No. 39, September 26, 2024
(a) Although the
data collected by and furnished to the commissioner of insurance pursuant to
K.S.A.
40-2251, and amendments thereto, is not an
open record pursuant to K.S.A. 1997 Supp.
45-221(16), and
amendments thereto, compilations of this data may be released, subject to the
following limitations.
(1) These reports
shall include comparative information on averages of data collected.
Compilations of data shall not contain patient-identifying information or trade
secrets.
(2) The raw data shall be
released by the commissioner of insurance only to each data provider that has
submitted that particular data to the database and that requests to see and
review its dataset for purposes of verifying information in the database
pertaining to that data provider. These datasets shall not be made available to
the public.
(3) External data used
for normative values that are not within the public domain shall not be
released.
(b) Any
person, organization, governmental agency, or other entity may request the
preparation of compilations of data collected by and furnished to the
commissioner of insurance, in accordance with the following procedure and
limitations.
(1) All requests for
compilations of data shall be made in writing to the commissioner of insurance.
The written request shall contain the name, address, and telephone number of
the requester, and a description of the legitimate purpose of the requested
compilation. A "legitimate purpose" is defined as a purpose consistent with the
intent, policies, and purposes of
K.S.A.
40-2251, and amendments thereto. Whether or
not a legitimate purpose exists may be determined by the commissioner of
insurance.
(2) Each request for a
compilation of data shall be reviewed by the commissioner of insurance to
determine whether to approve or deny the request. A request for compilation of
data may be denied by the commissioner of insurance for reasons including any
of the following.
(A) The data is
unavailable.
(B) The requested
compilation is already available from another source.
(C) The requested compilation of data would
endanger patient confidentiality.
(D) The commissioner lacks sufficient
resources to fulfill the request.
(E) The request would disclose a trade
secret.
(F) The requester has
previously violated the rules for dissemination from the insurance database.
(G) The request is not a
legitimate purpose.
(3)
The requester may ask for compilations of data collected by and furnished to
the commissioner of insurance in a specific manner or format not already used
by the commissioner. This shall include any request for subsets of information
already available from the commissioner in compiled form.
(4) The requester shall be notified by the
commissioner of insurance in writing of its decision within 30 days. Each
denial of a request shall include a brief explanation of the reason for the
denial.
(5) Determination of a fee
to be charged to the requesting person, organization, governmental agency, or
other entity to cover the direct and indirect costs for producing compilations
shall be made by the commissioner of insurance or designee in consultation with
the commissioner. The fee shall include staff time, computer time, copying
costs, and supplies. For charging purposes, each compilation shall be
considered an original. The fee may be waived at the commissioner's discretion.
(c) No person,
organization, governmental agency, or other entity receiving data from the
commissioner shall redisclose or redistribute that information for commercial
purposes. Any violation of this section shall result in denial of all further
requests to the insurance database.
(d) Any publication using data from the
insurance database shall include a written acknowledgment of the Kansas
insurance department. A copy of any publication of data from the insurance
database shall be sent to the commissioner of insurance before its publication.
