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65-4922. Medical care facilities; risk management program required; submission of plan; inspections and investigations; approval of plan; reports and records confidential. (a) Each medical care facility shall establish and maintain an internal risk management program which shall consist of:

(1) A system for investigation and analysis of the frequency and causes of reportable incidents within the facility;

(2) measures to minimize the occurrence of reportable incidents and the resulting injuries within the facility; and

(3) a reporting system based upon the duty of all health care providers staffing the facility and all agents and employees of the facility directly involved in the delivery of health care services to report reportable incidents to the chief of the medical staff, chief administrative officer or risk manager of the facility.

(b) Not less than 60 days before the time for renewal of its license in 1987, each medical care facility shall submit to the department its plan for establishing and implementing an internal risk management program. Such plan may rely upon policies and procedures adopted by the medical care facility and its departments and committees. Failure to submit such a plan shall result in denial of the renewal of the facility's license.

(c) The department shall make or cause to be made such inspections and investigations as it deems necessary to reasonably assure that each medical care facility is implementing the internal risk management program required by this section. In making such inspections and investigations, the department may review and copy the reports and records of all executive committees designated to investigate reportable incidents under this act.

(d) Upon review of a plan submitted pursuant to subsection (b), the department shall determine whether the plan meets criteria of this section. If the plan does not meet such criteria, the department shall disapprove the plan and return it to the facility, along with the reasons for disapproval. Within 60 days, the facility shall submit to the department a revised plan which meets the requirements of this section and any rules and regulations adopted hereunder. No medical care facility shall be granted renewal of its license in 1988 unless its plan has been approved by the department.

(e) A medical care facility shall not be liable for compliance with or failure to comply with the provisions of this section or any rules and regulations adopted hereunder, except as provided in K.S.A. 65-430 and amendments thereto.

(f) The secretary shall adopt such rules and regulations as necessary to administer and enforce the provisions of this section.

(g) Any reports and records reviewed or obtained by the department and in the department's possession, pursuant to subsection (a) of K.S.A. 65-4925, and amendments thereto, shall be confidential and privileged and not subject to discovery, subpoena or legal compulsion for their release to any person or entity, nor shall they be admissible in any civil or administrative action other than a disciplinary proceeding by the department.

History: L. 1986, ch. 229, § 3; L. 1987, ch. 176, § 9; L. 1989, ch. 201, § 1; April 27.

Law Review and Bar Journal References:

"Caps, 'Crisis,' and Constitutionality - Evaluating the 1986 Kansas Medical Malpractice Legislation," Elizabeth Schartz, 35 K.L.R. 763, 777 (1987).

"Hospital Risk Management Programs In the Age of Health Care Reform," Linda Skaggs, 4 Kan. J.L. & Pub. Pol'y, No. 2, 89, 90, 91, 96 (1995).

"Systems Approaches to Improving the Quality of Healthcare: Strengths, Weaknesses, and the Ideal Model of Medical Error Reporting," Teresa M. Schreffler, 53 K.L.R. 1249 (2005).


1. Legislative limitation on recovery of noneconomic damages (K.S.A. 60-19a01, 60-19a02) as not violating any constitutional rights determined. Samsel v. Wheeler Transport Services, Inc., 246 Kan. 336, 340, 789 P.2d 541 (1990).

2. Cited in discussion of vicarious liability and corporate negligence doctrines. McVay v. Rich, 18 Kan App. 2d 746, 750, 753, 859 P.2d 399 (1993).

3. Statutory peer review privilege is outweighed by plaintiff's right to access to facts in negligence action. Adams v. St. Francis Regional Med. Center, 264 Kan. 144, 155, 955 P.2d 1169 (1998).

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