44-550b. Records open to public inspection, exceptions.

44-550b

Chapter 44.--LABOR AND INDUSTRIES
Article 5.--WORKERS COMPENSATION

      44-550b.   Records open to public inspection, exceptions.(a) All records provided to be maintained under K.S.A. 44-550and amendments thereto and not withstanding the provisions of K.S.A. 45-215,et seq., and amendments thereto, shall be open to public inspection,except:

      (1)   Records relating tofinancial information submitted by an employer to qualify as a self-insurerpursuant to K.S.A 44-532 and amendments thereto;

      (2)   recordswhich relate to utilization review or peer review conducted pursuant toK.S.A. 44-510j and amendments thereto shall not be disclosedexcept to the healthcare provider and as otherwisespecifically provided by theworkers compensation act;

      (3)   records relating to private premises safety inspections;

      (4)   medical records, forms collected pursuant to subsection (b) ofK.S.A. 44-567 andamendments thereto, accident reports maintained under K.S.A.44-550 andamendments thereto, and social security numbers pertaining to anindividual which shall not bedisclosed except:

      (A)   Upon order of a court of competent jurisdiction;

      (B)   to the employer, its insurance carrier or its representative, from whoma worker seeks workers compensation benefits;

      (C)   to the division of workers compensation for its ownpurposes;

      (D)   to federal or state governmental agencies for purposes of fraud andabuseinvestigations;

      (E)   to an employer in connection with any application for employment to anemployer, its insurance carrier or representatives providing (i) a conditionaloffer of employment has been made and (ii) the request for records includes asigned release by the individual, identifies the job conditionally offered bythe employer and is submitted in writing, either by mail or electronic means.Requests relating to an individual under this subsection shall be considered arecord to be maintained and open to public inspection under K.S.A. 44-550 andamendments thereto, except social security numbers;

      (F)   to the workers compensation fund for its own purposes; and

      (G)   to the worker upon written release by the worker.

      (b)   This section shall be part of and supplemental to theworkerscompensation act.

      History:   L. 1984, ch. 187, § 12;L. 1993, ch. 286, § 52;L. 1997, ch. 125, § 11;L. 2000, ch. 160, § 14;L. 2002, ch. 122, § 4; July 1.