KORA Policy

The Kansas Open Records Act grants you the right to inspect and obtain copies of public records created or maintained by public agencies in Kansas. The Open Records Act, K.S.A. 45-215 et seq., as amended, declares that it is the public policy of Kansas that “public records shall be open for inspection by any person.” Public records are defined as “any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency.” The University of Kansas Hospital Authority is classified as a public agency for the purposes of this Act.

Your rights

You have the right to request assistance from administration at any time.

You have the right:

• • • • • To inspect and obtain copies of public records which are not exempted from disclosure by a specific law.
        • To obtain a copy of the agency’s policies and procedures for access to records.
        • To receive a written response to your request within three business days. The response may inform you that it will take additional time to produce the records.
        • To file a complaint with the Kansas Attorney General if you feel your request for public records is wrongfully denied.

Your responsibilities

You must request records – written, photographic, or computerized. The Kansas Open Records Act does not require an agency to answer questions, prepare reports, or compile information.
An agency may require you to put your request in writing, and you must provide proof of your identity, if requested.
Reasonable fees, not exceeding actual cost, may be charged for access to records, copies of records, and staff time for processing your request.

Requesting a record

Ashland Health Center asks that you submit a written request to obtain public records. The written requests should be completed on the AHC KORA Request Form in its entirety. Copies of this form are located at the business office and on our website. The AHC KORA Request Form includes the following:

• • • • • Name
        • Organization (if requesting on its behalf)
        • Mailing address
        • Email address
        • Daytime telephone number
        • A specific description of the records you are requesting. Make your request as specific as possible to expedite the process.

Regular office hours on all business days, excluding Saturday and Sunday, are from 8 a.m. to 5 p.m. Records may be inspected during those hours. Ashland Health Center Business Office is closed on official holidays.

Delayed and declined requests

All effort is made to fully respond to your records request as soon as it is 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.

If further delay is required, the hospital administration will provide its explanation and the earliest date by which it expects to provide determinative response.

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

• • • • • The requested records do not exist.
        • The requested records are exempt from disclosure by law.
        • The request is insufficiently clear in scope.

Permission to access 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).

Exceptions

The Kansas Open Records Act recognizes that certain records contain private or privileged information, and the agency is not required to provide access to those records. The Act lists several exceptions, including but not limited to:

• • • • • Records closed by the rules of evidence
        • Personnel records of employees
        • Medical treatment records
        • 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
        • Proprietary business information
        • Records protected by attorney/client privilege
        • For the complete list, see K.S.A. §45-221(a).

Records only partially exempt will have the exempt portions excluded prior to production. Records that would unduly disclose individual identities may be produced if exclusion of identifying portions would prevent identification.

Nothing in the Kansas Open Records Act supersedes federal law, including the Health Insurance Portability and Accountability Act (HIPAA).

Fees

Commensurate with the actual costs in Hospital Authority 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 by the agency’s head and may be applied, with payment of total estimated fees required by check or money order in advance of records production:

• • • • • Legal time for Kansas Open Records Act Compliance Review $65/hour
        • Manager rate for retrieval and/or review: $65/hour
        • Staff rate for retrieval and/or assembly to produce: $38/hour
        • Specialized computer retrieval: $50/hour
        • Duplication Cost $0.25 per page
        • Digital transmission or mailing fee: $1.50

If the actual cost in time and resources exceeds the fee estimate, the requestor will be billed for the balance of fees incurred, with full payment required before records production. If the actual cost is less than the fee estimate, the requestor will be refunded any difference over $5.00.