Kansas 2023-2024 Regular Session

Kansas House Bill HB2171

Introduced
1/25/23  
Refer
1/25/23  

Caption

Providing that peer review privilege for healthcare providers does not apply to factual information.

Impact

The introduction of HB2171 could significantly alter the landscape of medical malpractice suits and regulatory oversight within Kansas. By allowing factual information to be disclosed, it may encourage more thorough investigations into healthcare provider conduct, influencing how peer review committees operate. Previously, the discussions and documents generated during these reviews were shielded from legal scrutiny, protecting providers from liability and ensuring the confidentiality of the review process. The repeal of this protection might deter healthcare providers from engaging fully in peer reviews for fear of legal repercussions, potentially affecting the quality of medical oversight and evaluation.

Summary

House Bill 2171 aims to clarify the parameters surrounding peer review privileges for healthcare providers in Kansas. Specifically, the bill asserts that factual information associated with peer reviews is not protected from disclosure, which means that any records, documents, or communications containing factual information about healthcare provision could potentially be made public. This change seeks to ensure greater transparency regarding the conduct of healthcare providers during peer review processes, allowing for better accountability and oversight over healthcare practices in the state.

Contention

Notably, there are concerns from various stakeholders about the implications of this bill. Proponents argue that it enhances consumer protection and ensures that healthcare providers are held accountable for their practices. However, opponents contend that it could undermine the confidentiality necessary for effective peer reviews, leading to a chilling effect on the willingness of healthcare professionals to participate in these evaluations. Furthermore, the repealing of privileges may not only limit how peer reviews are conducted but also potentially complicate the judicial process in medical cases by introducing a larger volume of information that could become admissible in court.

Companion Bills

No companion bills found.

Previously Filed As

KS SB41

Adding advanced practice registered nurses to the definition of healthcare provider for purposes of the healthcare provider insurance availability act.

KS HB2039

Adding maternity center to the definition of healthcare provider for purposes of the healthcare provider insurance availability act, amending definitions in the Kansas credentialing act to provide that certain entities providing physical therapy, occupational therapy and speech-language pathology are not home health agencies, clarifying that the authorized activities of paramedics, advanced emergency medical technicians, emergency medical technicians and emergency medical responders may be authorized upon the order of a healthcare professional, permitting certain ambulance services to offer service for less than 24 hours per day, every day of the year, and requiring entities that control automated external defibrillators to register the device with the emergency medical services board.

KS HB2683

Allowing healthcare providers to charge fees to furnish a patient's healthcare records and providing for the disclosure of a deceased patient's healthcare records to certain individuals.

KS SB63

Enacting the help not harm act, restricting use of state funds to promote gender transitioning, prohibiting healthcare providers from providing gender transition care to children whose gender identity is inconsistent with the child's sex, authorizing a civil cause of action against healthcare providers for providing such treatments, requiring professional discipline against a healthcare provider who performs such treatment, prohibiting professional liability insurance from covering damages for healthcare providers that provide gender transition treatment to children and adding violation of the act to the definition of unprofessional conduct for physicians.

KS HB2071

Enacting the help not harm act to restrict the use of state funds to promote gender transitioning, prohibit healthcare providers from providing gender transition whose gender identity is inconsistent with the child's sex, authorize a civil cause of action against healthcare providers for providing such treatments, require professional discipline against a healthcare provider who performs such treatment and prohibit professional liability insurance from covering damages for healthcare providers that provide gender transition treatment to children and adding violation of the act to the definition of unprofessional conduct for physicians.

KS HB2509

Allowing licensed physical therapists to perform certain capillary blood tests, adding advanced practice registered nurse to the definition of healthcare provider for purposes of the healthcare provider insurance availability act, adding an advanced practice registered nurse position to the board of governors of the healthcare stabilization fund and requiring advance practice registered nurses to maintain professional liability insurance as a condition of active licensure.

KS HB2741

Establishing the Kansas medical rights of conscience act to permit a healthcare provider to refuse to provide transgender healthcare services if such services violate the provider's conscience and creating a civil cause of action for violation of this act.

KS HB2563

Permitting certain healthcare providers to complete health assessments for children enrolled at day care facilities.

KS HB2508

Prohibiting healthcare providers from prescribing medication, administering diagnostic tests or conducting ongoing behavioral health treatments to minors except in certain circumstances.

KS HB2335

Providing for the hunter nation distinctive license plate.

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