KHI News Service

Governor issues executive order creating health information technology corporation

The non-profit entity will be overseen by a 17-member board, most of whom will be chosen by the governor

By KHI NEWS SERVICE | June 30, 2010

A new non-profit corporation will oversee the exchange of electronic health information in Kansas.

Gov. Mark Parkinson today issued Executive Order 10-06 creating the entity. It will be governed by a 17-member board of directors, most of whom will be named by the governor at a later date.

The federal economic stimulus of 2009 included $34 billion in incentives for medical providers to maintain and use electronic health records for their patients.

The American Recovery and Reinvestment Act also called for creation of state or regional health information exchanges so the records could be easily transferred from one provider or treatment location to the next.

The federal goal is for every American to have a digitized health record by 2014 and an exchange system that would allow, for example, an emergency room doctor in Florida or Hawaii timely access to the medical history of a vacationing Kansan who had suffered a heart attack.

Kansas was awarded a $9 million federal grant in February to develop a health information exchange plan, which the e-Health Advisory Council has been working on for several months.

Transition to a permanent board

The new corporation, Kansas Health Information Exchange, Inc., will oversee development and operation of the exchange.

The 11-member e-HAC steering committee will act as the transitional governing board for the corporation until the permanent board is in place.

The 17-member, permanent board of Kansas Health Information Exchange, Inc. once appointed will include:

  • The secretary of the KDHE or designee;
  • The executive director of the Kansas Health Policy Authority or designee;
  • The governor or designee;
  • Two members appointed by the governor to represent consumers;
  • One member appointed by the governor to represent employers;
  • One member appointed by the governor to represent payers;
  • One member appointed by the governor to represent local health departments chosen from a list of three names submitted by the Kansas Association of Local Health Departments;
  • Three members appointed by the governor to represent hospitals from a list of three names for each position submitted by the Kansas Hospital Association. One of the hospital representatives will be from administration at a critical access hospital;
  • Three members appointed by the governor from a list of three names for each position submitted by the Kansas Medical Society. At least one of the physicians will be in a primary care specialty;
  • One member appointed by the governor to represents pharmacists from a list of three names submitted by the Kansas Pharmacists Association;
  • One nonvoting member will represent the University of Kansas Center for Health Information; and
  • One nonvoting member will represent the Kansas Health Information Technology Regional Center.

The governor said a good health information exchange system will make health care more effective and cheaper.

“A strong health information exchange will not only improve patient care, but it will add efficiencies and thus cost savings to our health care system in Kansas,” Parkinson said in a prepared statement. “As we work to have an electronic health record for every Kansan in the next four years, we also remain focused on protecting the safety and security of their information."

Jeff Ellis, who heads the e-HAC working group on governance, led the attorneys who drafted the plan for the corporation.

He called the executive order a positive development.

"It's good that it can be started as soon as possible," he said in a phone interview.

Pushing for consistent privacy laws

Ellis, an attorney with the Kansas City firm of Spencer, Fane, Britt & Browne, was in Seattle for a conference of the American Health Lawyers Association.

A main topic of the conference, he said, was the question of how states will harmonize their privacy laws so that there can be relatively seamless transfer of digital health records from state to state or from one information exchange to another.

"It's a big topic of national concern," he said.

The Ellis-led e-HAC working group has proposed various changes to Kansas privacy law so that it would align more closely with federal privacy laws. Those proposed changes have not yet been presented to the Legislature for consideration.

Ellis has consistently called for more urgency in mending what he has described as a "patchwork" of conflicting statutes that could hinder adoption of health information technology.

He said he is tentatively scheduled to meet next week with Kansas Department of Health and Environment Secretary Roderick Bremby and a representative of the Attorney General's Office to go over the privacy law questions.

Coverage of electronic health records in Kansas

Kansas breaks ground on statewide digital health network (5/28/12)
The pros and cons of health information exchange: An interview with Dr. Joe Davison (5/28/12)

More coverage
KanHIT Advisory Council to craft 'secondary data use' policy (2/18/14)
Kansas HIE networks connected ‘live’ for first time (12/23/13)
Network execs confident they will meet looming deadline (12/16/13)
Patient health exchange networks agree to connect (11/12/13)
The Kansas insurance marketplace that might have been (10/21/13)
Security and privacy of patient data subject of regulatory hearing (9/30/13)
Deadline looming for state's patient record exchange (8/26/13)
KDHE begins day-to-day duties of HIE regulation (7/19/13)
Network execs squabble over issue of exchange connectivity (5/23/13)
KU Hospital, Shawnee Mission going live on statewide health record exchange (5/9/13)
Governor signs HIE bill transferring regulatory authority from KHIE to KDHE (4/18/13)
This is why health IT systems aren't keeping up (3/19/13)
Senate panel hears bill to move HIE regulatory authority to KDHE (3/13/13)
Bill introduced to transfer regulatory authority from KHIE to KDHE (2/12/13)
Legislators request 'lengthy discussion' on HIE developments (1/16/13)
KHIE board members get cold feet on legal changes (12/13/12)
KHIE defers details of transition to KDHE (10/10/12)
KHIE board turns over regulatory duties to state (9/12/12)
HIE board delays decision on turning authority, costs over to state (8/8/12)
Regulators of health information exchange to consider ceding authority to state (8/6/12)
The cost of independent regulation of health information exchange (8/6/12)
KHIE board presented with proposal to dissolve the organization by August (7/11/12)
Far fewer than projected patients opting out of health information exchange (6/14/12)
Public awareness campaign begins for health information network (5/23/12)
Networks granted temporary licenses to exchange patient data (4/11/12)
KHIE committee changes course on funding scheme (3/26/12)
Rural Kansas doc featured as national technology leader (8/17/11)
State Medicaid officials announce new schedule for digital health records exchange (7/25/11)
Kansas health care providers get first look at exchange implementation (2/4/11)

Full coverage of health information technology in Kansas

The KHI News Service is an editorially independent initiative of the Kansas Health Institute. It is supported in part by a variety of underwriters. The News Service is committed to timely, objective and in-depth coverage of health issues and the policy-making environment. All News Service stories and photos may be republished at no cost with proper attribution, including a link back to when a story is reposted online. An automatically updated feed of headlines and more from KHI can be included on your website using the KHI widget. More about the News Service at or contact us at (785) 233-5443.