75-726. Access to records by the attorney general. (a) The attorney general shall be allowed access to all records held by a provider:

(1) That are directly related to an alleged violation of K.S.A. 2021 Supp. 21-5926 through 21-5934, 75-725 and 75-726, and amendments thereto, and which are necessary for the purpose of investigating whether any person may have violated such statutes; or

(2) for use or potential use in any legal, administrative or judicial proceeding pursuant to K.S.A. 2021 Supp. 21-5926 through 21-5934, 75-725 and 75-726, and amendments thereto.

(b) No person holding such records may refuse to provide the attorney general with access to such records on the basis that release would violate any:

(1) Recipient's right of privacy;

(2) recipient's privilege against disclosure or use; or

(3) professional or other privilege or right.

(c) The disclosure of patient information as required by K.S.A. 2021 Supp. 21-5926 through 21-5934, 75-725 and 75-726, and amendments thereto, shall not subject any provider to liability for breach of any confidential relationship between a patient and a provider.

(d) Notwithstanding K.S.A. 60-427, and amendments thereto, there shall be no privilege preventing the furnishing of such information or reports as required by K.S.A. 2021 Supp. 21-5926 through 21-5934, 75-725 and 75-726, and amendments thereto, by any person.

History: L. 2010, ch. 136, § 159; L. 2011, ch. 30, § 44; July 1.