Kansas Open Records Act (KORA)

I. Purpose.

The purpose of this policy is to provide guidance and procedures for the release of public records in accordance with the Kansas Open Records Act (KORA), K.S.A. 45-215 et seq., which mandates that public records are accessible to the public unless specifically exempted by law.

Newman Regional Health is committed to transparency and openness in its operations.  In compliance with KORA, all records made, maintained, or kept by or is in the possession of hospital are open for inspection and copying, subject to the exemptions set forth by state law, and except to the extent such records are specifically excluded as “public records” under KORA.  Exclusions from the definition of “public record” include, but are not limited to:

• Records that are owned by a private person or entity and are not related to functions, activities, programs or operations of the hospital funded by public funds; and
• records that are made, maintained or kept by an individual who is a member of the governing body of the hospital.

II. Scope

This policy applies to public records maintained by Newman Regional Health, including annual reports, audited annual financial statements, minutes and documents cited in open meetings, policies, inventory database, and contracts, unless such records are exempt from disclosure under KORA or other applicable state or federal laws.

III. Requesting Records.

The hospital shall maintain a Newman Regional Health Kansas Open Records Act Request Form, which itself is an open public record.  However, requests for public records may be submitted in writing, by email, or in person to the Custodian of Public Records.  The hospital’s designated Custodian of Public Records is the CEO Executive Assistant.  Record requests should be directed to:

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Custodian of Public Records
1201 West 12th Ave
Emporia, KS 66801
620-343-6800 ext. 22600
kora@newmanrh.org

A request should include the following information:

• Name;
• Organization (if requesting on its behalf); (requestor is not required to provide);
• Mailing Address;
• Email address; (requestor is not required to provide);
• Daytime phone number (requestor is not required to provide); and
• A specific description of the records sought with sufficient clarity to allow the hospital to locate them

The Custodian of Public Records may require proof of identity of any person requesting access to a hospital public record.

Public records (excluding permitted copies) shall not be permitted to be removed from the hospital.

IV. Non-Solicitation Requirement.

The hospital shall require that the person requesting records or information provide a written certification that the requester does not intend to, and will not:  (A) Use any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed; or (B) sell, give or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed.

V. Response Time.

Record and inspection requests will be responded to during regular business hours, Monday – Friday, 8 a.m. to 4:30 p.m., excluding official holidays.  Except as otherwise provided in Section VI below, the hospital will respond to requests for records as soon as possible, but no later than three business days after receipt of the request.  If the records are not immediately available, the hospital will inform the requester of the estimated time required to fulfill the request.

VI. Delayed and Declined Requests.

All effort will be made to fully respond to records requests as soon as they are received; however, a determinative response may be delayed if:

• Clarification or refined scope is required;
• Legal issues must be resolved before requested records can be produced;
• The records are archived or stored offsite;
• The scope or large volume of requested records requires more time to assess record existence, availability, and any fees incurred to produce;
• Any other valid reason for delay exists.

If a delay is required, the hospital will provide an explanation and the expected date by which a determinative response can be provided. 

A request may be declined in whole or in part if:

• The requested records do not exist;
• The requested records are not “public records” as defined under KORA;
• The requested records are exempt from disclosure by law;
• The request is insufficiently clear in scope; or
• Any other legal and valid reason for declination exists.

Permission to access hospital public records may also be declined if the request “places an unreasonable burden in producing public records or the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency.”  See K.S.A. 45-218(e).

If the request for access is denied, the hospital will provide, upon request, a written statement of the grounds for denial. Such statement will cite the specific provision of law under which access is denied and will be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received.

The hospital will not engage in research compiling or sorting data into records to be created at the request of a requester.  KORA “imposes no duty on a public agency to create a record to compile specific information requested by an individual.”  See Kan. Atty. Gen. Op. No. 86-43.sorting data into records to be created at the request of a requester.  KORA “imposes no duty on a public agency to create a record to compile specific information requested by an individual.”  See Kan. Atty. Gen. Op. No. 86-43.

VII. Exemptions to Disclosure and Protection of Healthcare Information.

KORA recognizes that certain records contain private or privileged information, and the hospital is not required to provide access tKORA recognizes that certain records contain private or privileged information, and the hospital is not required to provide access to those records.  Records exempt from disclosure include, but are not limited to:

• Records closed by the rules of evidence;
• Personnel records of employees (except for names, positions, salaries, and lengths of service);
• Medical, psychiatric, psychological or alcoholism or drug dependency treatment records that pertain to identifiable patients;
• Criminal investigation records;
• Notes, preliminary drafts, or records in which opinions are expressed or actions are proposed;
• Records for which disclosure would constitute a clearly unwarranted invasion of personal privacy (e.g., contains residence addresses or personal telephone numbers);
• Proprietary business information or trade secrets;
• Records protected by attorney-client privilege or any attorney work product; or
• Records related to matters in which litigation is pending if the records were compiled in the process of investigation.

For a complete list of records which may be discretionarily closed, see K.S.A. 45-221.

While KORA mandates public access to records, the hospital recognizes the importance of protecting patient privacy, personal information, and other sensitive data.  Records that contain such information will be handled in compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA).

Records only partially exempt will have the exempt portions excluded prior to production. 

VIII. Record Retention and Disposal.

Records will be retained according to applicable state and federal laws and hospital policies.  Records that are no longer needed for hospital operations will be disposed of in a secure manner to protect confidentiality and prevent unauthorized access.

IX. Fees for Records.

Commensurate with the actual costs in hospital employee time and resources, fees shall be charged for the retrieval, review, and production of public records.  In accordance with K.S.A. 45-219, the following fee rates are established and may be applied:

Fees denoted as “At Cost” shall be based on the hourly wage, salary, or billable rate of the employee or other person retrieving, reviewing, and/or producing public records. The hospital will utilize the lowest-cost category of staff reasonably necessary to provide access to or furnish copies of public records.

The hospital will provide an estimate of the costs prior to fulfilling a request, if applicable, with payment of total estimated fees required by check or money order in advance of records production.  Upon request, the hospital will also provide an itemized statement of costs actually incurred and charged, which shall include the hourly rates charged for each employee or other person involved in making the requested records available and an itemized list of any other fees charged. If the actual cost in time and resources exceeds the fee estimate, the requester will be billed for the balance of fees incurred, with full payment required before records release.  If the actual cost is less than the fee estimate, the requestor will be refunded any difference over $5.00.  See Data Tree, LLC v. Meek, 279 Kan. 445 (2005) (requester must pay actual costs associated with KORA request, including cost for public body to review and redact exempt information).

If the estimated time needed to respond to a records request exceeds 5 hours or the estimated actual cost exceeds $200, then the hospital will make reasonable efforts to contact the requestor, using the means of communication the requestor provided in the records request, to discuss mitigating costs. If the requestor does not respond to such communication within three (3) business days, the records request is considered withdrawn until the requester subsequently contacts the hospital.

X. Format of Records

Computerized public records, not otherwise closed, will be provided in the form requested if the hospital has the capability of producing the records in that form.  However, the hospital is not required to acquire or design a special program to produce information in a desired form. 

The hospital is not required to acquire or design a software program in order to manipulate or sort electronic data in order to produce a record in a requested format. 

XI. Freedom of Information Officer.

Questions about requesting records, the denial of access to records, or the charges for obtaining records, may be directed to the Freedom of Information Officer or his/her designee.  The Executive Director of Quality and Safety is the hospital’s designated Freedom of Information Officer. 

Freedom of Information Officer
1201 West 12^th Ave
Emporia, KS 66801
620-343-6800 ext. 22110
kora@newmanrh.org