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Can I collect health information from participants in Kansas? What are the requirements?

Based on the Kansas Health Information Technology Act [1.1] and the standards for approval and operation of statewide and regional health information organizations [1.2], you can collect health information from participants in Kansas. However, you must comply with the requirements set forth in the act and the standards established by the department for the approval and operation of health information organizations.

According to the act, an advisory council on health information technology has been established [1.3]. This council is advisory to the secretary of health and environment and shall be within the division of health of the department of health and environment. The council is composed of 23 voting members, including the secretary of the Kansas department of health and environment, the governor of the state of Kansas, four legislators, and various representatives from hospitals, medical societies, and other organizations.

The standards for approval and operation of health information organizations include adherence to nationally recognized standards for interoperability, adoption and adherence to rules promulgated by the department regarding access to and use and disclosure of protected health information maintained by or on an approved health information organization, demonstration of adequate financial resources to sustain continued operations in compliance with the standards, participation in outreach activities for individuals and covered entities, conduct of operations in a transparent manner to promote consumer confidence, implementation of security breach notification procedures, and development of procedures for entering into and enforcing the terms of participation agreements with covered entities which satisfy the requirements established by the department pursuant to K.S.A. 65-6832, and amendments thereto [1.2].

In summary, you can collect health information from participants in Kansas, but you must comply with the requirements set forth in the Kansas Health Information Technology Act and the standards established by the department for the approval and operation of health information organizations [1.1][1.2][1.3].

Source(s):
Jurisdiction

Kansas