KHI News Service

Senate panel advances HIE bill

Measure would shift regulatory power from KHIE, Inc. to KDHE

By Mike Shields | March 18, 2013

A Senate panel voted today to advance favorably a bill that would shift regulatory power from KHIE, Inc. to the Kansas Department of Health and Environment.

KHIE is the entity created in 2010 to oversee the digital exchange of patient records.

State officials have said they could regulate the exchange networks without requiring additional funding. The shift also has been endorsed by the KHIE, Inc. board of directors.

Members of the Senate Public Health and Welfare Committee agreed to three minor changes to Senate Bill 210, before passing it out.

They voted to expand the advisory council the bill would create from 22 to 23 members. The additional member would be a representative of the state's community mental health centers.

They also changed the composition of the council to include a representative of the Kansas Optometric Association in place of a representative of a local public health department. The bill as initially received by the committee from the House called for two public health department representatives on the council.

A third amendment to the bill would prohibit the use of state general fund dollars to pay for the state's new regulatory role.

All three amendments were offered by Sen. Jim Denning, an Overland Park Republican.

The committee first heard testimony on the proposal last week.

In other action today the committee:

Lab fees

Heard testimony in support of House Bill 2343, which would allow KDHE to assess fees for laboratory testing services. Leo Henning, director of the KDHE laboratories, said the agency last year had processed more than 185,000 laboratory samples, including screenings for sexually transmitted diseases, tuberculosis, mumps and influenza. The agency also does tests of public drinking water for various municipalities and radiation tests for Wolf Creek, the state's sole commercial nuclear power plant.

In response to questions from Sen. Laura Kelly, a Topeka Democrat, Henning said the agency hadn't yet developed a possible fee schedule for its services but that it did not anticipate charging local public health departments for lab tests done on their behalf.

He said whatever fee structure the agency put in place would come after consultation with the various entities that rely on the lab. He said most likely the fees would be assessed against doctors, hospitals and other private medical providers.

No one spoke against the bill.

Sen. Jacob LaTurner, R-Pittsburg

View larger photo


Committee members also continued discussion of Senate Bill 194, a proposal that would alter the role of the Community Developmental Disability Organizations in providing "functional assessments" of developmentally disabled persons seeking Medicaid services.

Some critics of the way the assessments currently are done have said it presents a potential conflict of interest if a CDDO assesses a person's needs and then turns around and provides the services it has recommended for the client.

Shawn Sullivan, secretary of the Kansas Department for Aging and Disability Services, told committee members - in response to questions - that his agency had heard from people concerned about the potential for conflicts of interest but had not found evidence that they were, in fact, a significant problem.

Sullivan at an earlier hearing said the agency was neutral on the bill.

The committee did not act on the bill and may not after the proposal appeared to meet resistance from at least a couple of panel members.

"Are we premature in acting on this?" asked Sen. Jacob LaTurner, a Pittsburg Republican. "I would just say we need to act on the facts and not the perceptions."

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.