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 9  AN ACT concerning the workers compensation act; related to certain
10    records maintained thereunder; amending K.S.A. 44-550b and re-
11    pealing the existing section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 44-550b is hereby amended to read as follows: 44-
15  550b. (a) All records provided to be maintained under K.S.A. 44-550 and
16  amendments thereto and not withstanding the provisions of K.S.A. 45-
17  215, et seq., and amendments thereto, shall be open to public inspection,
18  except that:
19    (1)  Records relating to financial information submitted by an em-
20  ployer to qualify as a self-insurer pursuant to K.S.A 44-532 and amend-
21  ments thereto and;
22    (2)  records which relate to utilization review or peer review con-
23  ducted pursuant to K.S.A. 44-510 and amendments thereto shall not be
24  disclosed except to the health care provider and as otherwise specifically
25  provided by the workers compensation act.;
26    (3)  records relating to private premises safety inspections;
27    (4)  medical records, forms collected pursuant to K.S.A. 44-567(b) and
28  amendments thereto and accident reports maintained under K.S.A. 44-
29  550 and amendments thereto pertaining to an individual shall not be
30  disclosed except:
31    (A)  Upon order of a court of competent jurisdiction;
32    (B)  to the employer, its insurance carrier or its representative, from
33  whom a worker seeks workers compensation benefits;
34    (C)  to the division of workers compensation for its own records for
35  its purposes;
36    (D)  to federal or state governmental agencies for purposes of fraud
37  and abuse investigations;
38    (E)  to an employer in connection with any application for employ-
39  ment to an employer, its insurance carrier or representatives providing
40    (i) a conditional offer of employment has been made and (ii) the request
41  for records includes a signed release by the individual, identifies the job
42  conditionally offered by the employer and is submitted in writing, either
43  by mail or electronic means. Requests relating to an individual under this
Sub. SB 321
                                     

 1  subsection shall be considered a record to be maintained and open to
 2  public inspection under K.S.A. 44-550 and amendments thereto;
 3    (F)  to the workers compensation fund for its own purposes; and
 4    (G)  to the worker upon written release by the worker.
 5    (b)  This section shall be part of and supplemental to the workers
 6  compensation act.
 7    Sec. 2.  K.S.A. 44-550b is hereby repealed.
 8    Sec. 3.  This act shall take effect and be in force from and after its
 9  publication in the statute book.