311A.190 Information furnished to board by providers and program -- Patient
961 words·~4 min read·
/ky/311a-190A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
care record report form -- Annual reports -- Confidentiality -- Report to
medical facility, ambulance provider, and patient -- Records -- Disclosure and
admissibility of data and records -- Cabinet access to data.
(1)Each licensed ambulance provider, mobile integrated healthcare program, and
medical first response provider as defined in this chapter shall collect and provide to
the board patient care record data and information required by the board by this
chapter and administrative regulation.
(2)The board shall develop a patient care record form for the use of each class of
ambulance provider, mobile integrated healthcare program, and medical first
response provider containing the data required in subsection
(1)of this section. An
ambulance provider, mobile integrated healthcare program, or medical first
response provider may utilize any patient care record form it chooses in lieu of or in
addition to the board developed patient care record form. However, the data
captured on the patient care record form utilized by the ambulance service, mobile
integrated healthcare program, or medical first response provider shall include at
least the data that is required by the administrative regulations promulgated
pursuant to subsection
(1)of this section.
(3)An ambulance provider, mobile integrated healthcare program, or medical first
response provider shall report the required patient care record data as prescribed
through administrative regulations promulgated by the board by transmitting the
required data and information to the board in an electronic format. If the board
requires the use of a specific electronic format, it shall provide a copy of the file
layout requirements, in either written or electronic format, to the licensed
ambulance provider or medical first response provider at no charge.
(4)The board shall publish a comprehensive annual report reflecting the data collected,
injury and illness data, treatment utilized, and other information deemed important
by the board. The annual report shall not include patient identifying information or
any other information identifying a natural person. A copy of the comprehensive
annual report, if issued, shall be forwarded to the Governor and the General
Assembly.
(5)Ambulance provider, mobile integrated healthcare program and medical first
response provider patient care records and the information transmitted electronically
to the board shall be confidential and in compliance with HIPAA privacy rules
referenced in 45 C.F.R. pt. 164. No person shall make an unauthorized release of
information on an ambulance provider, mobile integrated healthcare program, or
medical first response provider patient care record. Only the patient or the patient's
parent or legal guardian if the patient is a minor, or the patient's legal guardian or
person with proper power of attorney if the patient is under legal disability as being
incompetent or mentally ill, or a court of competent jurisdiction may authorize the
release of information on a patient's care record or the inspection or copying of the
patient care record. Any authorization for the release of information or for
inspection or copying of a patient care record shall be in writing.
(6)An ambulance provider or medical first response provider that collects patient data
through electronic means shall have the means of providing a patient care record or
summary report that includes all required data elements to the medical care facility.
A copy of the medical first response patient care record or summary report of the
patient care record and patient information shall be made available to the ambulance
service that transports the patient. A copy of the ambulance transportation and
medical report forms shall be made available to any medical care facility to which a
patient is transported and shall be included in the patient's medical record by that
facility. If a patient is not transported to a medical facility, the copy of the patient
care record that is to be given to the transporting ambulance provider or medical
care facility shall be given to the patient or to the patient's parent or legal guardian
upon request. If the ambulance provider, medical facility, patient, or patient's legal
guardian refuses delivery of their patient care record or is unavailable to receive the
form, that copy of the patient care record shall be returned to the medical first
response provider or ambulance provider and destroyed.
(7)All ambulance services and mobile integrated healthcare programs shall be required
to keep adequate reports and records to be maintained at the ambulance base
headquarters and to be available for periodic review as deemed necessary by the
board. Required records and reports are as follows:
(a)Employee records, including a resume of each employee's training and
experience and evidence of current certification or licensure; and
(b)Health records of all personnel including records of all illnesses or accidents
occurring while on duty.
(8)Data and records generated and kept by the board or its contractors regarding the
evaluation of emergency medical care, mobile integrated healthcare programs, and
trauma care in the Commonwealth, including the identities of patients, emergency
medical services personnel, ambulance providers, medical first-response providers,
and emergency medical facilities, shall be confidential, shall not be subject to
disclosure under KRS 61.805 to 61.850 or KRS 61.870 to 61.884, shall not be
admissible in court for any purpose, and shall not be subject to discovery. However,
nothing in this section shall limit the discoverability or admissibility of patient
medical records regularly and ordinarily kept in the course of a patient's treatment
that otherwise would be admissible or discoverable.
(9)The Cabinet for Health and Family Services shall have complete and immediate
access to all data and records maintained by the board or its contractors and may use
information contained in the data and records to fulfill its responsibilities and
requirements for health facilities and services, including but not limited to those
duties assigned to the cabinet by KRS 194A.101, 216.2920 to 216.2929, and
216B.042.