Kansas medical records laws

How Kansas differs from federal HIPAA

• Kansas gives patients a court action to enforce access, with costs awarded and records produced free if the provider lacked just cause; HIPAA has no private right of action.
• Kansas requires 10-year record retention for physicians and hospitals; HIPAA sets no medical-record retention period.

How long a provider has to respond

A provider licensed by the Kansas Board of Healing Arts must furnish copies within 30 days of receiving your authorization, or tell you within that time why the copies are not available.(K.S.A. 65-6836)

What a provider can charge

Kansas lets Board-licensed providers charge no more than amounts set by Board of Healing Arts regulation, updated at least every two years with consideration of the consumer price index, plus the reasonable cost of copying records that cannot be routinely photocopied; providers may require payment of permitted charges before furnishing copies. For your own records, HIPAA also limits charges to a reasonable, cost-based fee.(K.S.A. 65-6836, 45 CFR 164.524)

Paper copies

Capped by Board of Healing Arts regulation (reviewed for inflation at least every two years)

When copies are free

If a court finds a provider failed to comply without just cause, the records must be produced without cost to the prevailing party.

A provider cannot refuse to give you your records because you owe money for treatment. Compare every state on the medical records fees by state page.

How long records must be kept

• Hospitals: 10 years after the patient's last discharge, or one year beyond the date a minor patient reaches the age of majority, whichever is longer.(K.A.R. 28-34-9a(d)(1))
• Physicians and other Board of Healing Arts licensees: At least 10 years from the date the professional service was provided.(K.A.R. 100-24-2)

Minors and sensitive records

• Minors: Kansas hospitals must keep a minor's records at least until one year after the patient reaches the age of majority if that is longer than 10 years after discharge.(K.A.R. 28-34-9a(d)(1))

If a provider doesn't comply

A patient, authorized representative or provider may sue to enforce K.S.A. 65-6836 after a good-faith attempt to resolve the issue; if the provider failed to comply without just cause, the court must award costs of the action and order the records produced at no cost to the prevailing party. A provider may withhold copies it reasonably believes would cause substantial harm to the patient or another person. HIPAA has no private right of action.(K.S.A. 65-6836)

• Kansas State Board of Healing Arts

  physicians and other healing-arts licensees

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in Kansas

1. Ask the provider's medical records (health information) department for its request form, or write your own request with your name, date of birth, dates of care, the records you want, and the format (paper or electronic).
2. Keep a copy and note the date — the 30 days clock runs from when the provider receives it.
3. If the deadline passes or the bill exceeds the rules above, use the complaint routes on this page.

Templates and step-by-step help are on the records-access hub. Find a Kansas hospital's records office, or browse hospitals in Kansas.

Common questions about Kansas medical records