KANSAS INSURANCE DEPARTMENT

Proposed Revisions to K.A.R. 40-4-41j

 

 

K.A.R. 40-4-41j. Utilization review organizations; written procedures to maintain confidentiality. (a)  The Each utilization review organization shall have written policies and procedures for assuring ensuring that patient-specific information obtained during the utilization management process meets the following criteria:

(1)               Be limited to only that information necessary for utilization management, of the services under review quality management, discharge planning, case management, and claims payment; and

(2)               be shared with only those entities who have authority to receive this information;

(3)       be kept confidential in accordance with applicable law; and

(4)       be shared only with those individuals who need access to this information in order to conduct utilization management and related processes.

(b)               If provider-specific data is to be released to the public, the each utilization management organization shall have policies and procedures for exercising due care in compiling and releasing this data. These policies and procedures shall address the following:

(1)               How data are obtained using valid methodology and verified for accuracy;

(2)               how the subjects of these disclosures are informed of the disclosures;

(3)               how potential users of the information are informed about the uses and limitations of the data; and

(4)                how the release of the data complies with applicable confidentiality laws and regulations. (Authorized by K.S.A. 40-103, K.S.A. 1999 Supp. 40-22a04, and 40-22a11; implementing K.S.A. 1999 Supp. 40-22a04, 40-22a06, 40-22a07, and 40-22a09, and 40-22a11; effective June 22, 2001; amended P-__________________.)