KHI News Service

KDHE begins day-to-day duties of HIE regulation

By Phil Cauthon | July 19, 2013

The new website, which is basically the same as the website of the previous regulator of health information exchange in Kansas, The website reflects the new name and contact information for officials at KDHE, which this week assumed day-to-day regulatory duties from the now dissolved KHIE, Inc.. The website also for the first time allows patients to "opt out" online from the statewide network, which began facilitating the digital exchange of patient records a year ago. Patients who do not opt out — either online or using a paper form — will have their records automatically included on the exchange.

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Patient Opt-Out Form

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The day-to-day duties of regulating network-based, digital exchange of patient information in Kansas were fully passed off to the state this week, and the previous regulatory body — the Kansas Health Information Exchange, Inc. — has been officially dissolved.

Officials at the Kansas Department of Health and Environment said the state on Thursday began processing so-called "opt outs" — requests by patients to exclude their information from the statewide health information exchange.

Patients of doctors and hospitals connected to the exchange have their records automatically entered into the system — which facilitates access to the records by other connected providers via a secure network — unless individuals opt out online or by using a paper form.

The first six opt-out requests were submitted Thursday to KHDE via its new website — — officials said.

Patients could first submit opt-outs in June last year, and since then 327 Kansans have done so — far fewer than were projected would do so.

By the end of the year, 1 million Kansas patients are projected to have their records included on the exchange and about one-third of the state's hospitals will be connected to the exchange, according to network officials.

In addition to processing and ensuring the two licensed networks honor opt-out requests, KDHE is also required by law to provide a help desk to answer questions and address complaints from patients. KDHE began doing so July 8, and has so far received two phone calls, officials said. To date, KHIE had received 182 inquiries.

The help desk can be reached between 8 a.m. and 5 p.m. Monday through Friday at (785) 783-8984 or at

KDHE officials have also said they intend to form an advisory board to guide the state in its oversight of the private networks that will now be licensed by the agency.

KDHE Deputy Secretary Aaron Dunkel leads the agency's new regulatory arm, which is called Kansas Health Information Technology, or KanHIT. He said his goal was to have an advisory board in place sometime in August.

Transition of authority

In July 2012, KDHE officials proposed taking over the independent KHIE, Inc., as a way to save money. The KHIE board later agreed to move forward with the proposal at the same time that health information exchange was beginning in Kansas.

Gov. Sam Brownback signed into law the transition of authority, effective July 1.

Until yesterday, KHIE staff continued to handle some day-to-day regulatory duties. Outgoing KHIE chief executive, Bill Wallace, said he and his two staff members would continue through August working on the organization's fiscal 2013 audit, but that "KHIE is officially dissolved insofar as attending to the original purpose for the formation of the corporation."


Policies Regulating Health Information Exchange in Kansas

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KHIE, Inc. was an independent regulatory body formed by executive order in 2010. Its 15-member board included representatives of patients, doctors, hospitals and insurance companies. The group met monthly for four years leading up to KHIE's formation — and for nearly three years as the official regulatory body — to implement and enforce policies governing the private networks that it ultimately licensed to handle patient records. Providers who exchange patient information via a licensed network are granted some immunity from lawsuits should they inadvertently breach patient privacy.

As for the regulatory policies crafted over the last seven years, Dunkel said the state had no plans to change them.

While some policies will need to be technically modified and formalized, he said, "I don't think anything will change at this point."

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

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