44-557a. Compilation and publication of statistics; database of information; submission of data; contracts for actuarial or statistical services.
44-557a
44-557a. Compilation and publication of statistics;database ofinformation; submission of data; contracts for actuarial or statisticalservices.(a) The director shall: (1) Compile and publish statistics to determine thecausation of compensable disabilities in the state of Kansas and (2) compileand maintain a database of information on claim characteristics and costsrelated to closed claims, in order to determine theeffectiveness of the workers compensation act to provide adequate indemnity,medical and vocational rehabilitation compensation to injured workers and toreturn injured workers to remunerative employment. The commissioner ofinsurance shall cooperate with the director and shall make available anyinformation which will assist the director in compiling such information andstatistics and may contract with the director and the secretary of thedepartment of health and environment to collect such information as thedirector deems necessary. The secretary of revenue shall cooperate with thedirector and shall disclose individual income taxpayers names, addresses andsocial security numbers to the director to be used solely for the verificationof workers compensation data files. For purposes of this subsection, suchdisclosure shall not be considered the disclosure of any particulars of areport or return.
(b) In order to further the purpose of subsection (a), eachself-insured employer, group-funded workers compensation pool andinsurance carrier shall submit to thedirector the disposition of a statistically significant sample of closed claimsunder the act. Unless provided by regulationstothe contrary, on or after January 1, 2004, any insurer, group-funded workerscompensation pool or self-insured employer who voluntarily submits claiminformation to the director pursuant to release 1 of the internationalassociation of industrial accident boards and commission's electronic datainterchange implementation guide dated August 9, 1995, and amendments thereto,up to April 4, 2002, shall be deemed to be in compliance.
(c) Each self-insuredemployer, group-funded workers compensation pool, insurance carrier or healthcare facility shall submit medicalinformation, by procedure, charge and zip code of the provider, or by hospitalcharge and related diagnostic and procedure codes in order to set the maximummedical fee schedule.
(d) The director may contract for professional actuarial orstatisticalservices to provide assistance in determining the types of information and themethods of selecting and analyzing information as may be necessary for thedirector to conduct studies of closed claims under the workerscompensation act and to enable the director to make valid statisticalconclusions as to the distribution of costs of workers compensation benefits.
(e) The director shall obtain such office and computerequipment andemploy such additional clerical help as the director deems necessary togather such information and prepare such statistics.
(f) If a self-insured employer, group-funded workerscompensation pool or insurance carrier fails to supply theinformation required by this section, the director shall issue and serve uponsuch person a summary order or statement of the charges with respect theretoand a hearing shall be conducted thereon in accordance with the provisions ofthe Kansas administrative procedure act. An administrative penalty of up to$500 for each violation or act, along with an additional penalty of up to $100for each week thereafter that such report or other information is not providedto the director shall be imposed.
History: L. 1974, ch. 203, § 44;L. 1993, ch. 286, § 60;L. 1997, ch. 125, § 14;L. 2000, ch. 160, § 17;L. 2002, ch. 122, § 5;L. 2003, ch. 22, § 1; July 1.