AGO 1989-042.

• Case Date: April 10, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-042. April 10, 1989ATTORNEY GENERAL OPINION NO. 89-42C.E. Russell City Attorney 317 South Washington Wellington, Kansas 67152 Re: State Departments; Public Officers and Employees--Public Officers and Employees; Open Public Meetings--Discussions Regarding Peer Review and Risk Management Reports Public Health--Health Care Providers; Health Care and Peer Review--Peer Review Committee Reports; Confidentiality and the Open Meetings Requirements Synopsis: Discussions by the governing body of a public hospital concerning records and reports mandated to be confidential under the risk management and peer review laws are not required to be discussed in an open meeting. Cited herein: K.S.A. 1988 Supp. 65-4915; 65-4922; 65-4923; 65-4925; 74-8705; 74-8804; 75-37, 102; K.S.A. 75-4317; K.S.A.1988 Supp. 75-4318; 75-4319; K.A.R.1987 Supp. 28-52-1; 42 C.F.R. § 482.21. * * * Dear Mr. Russell: As attorney for St. Luke's Hospital, a city-owned hospital in Wellington, Kansas, you have requested our opinion regarding the Kansas Open Meetings Act. Specifically, your question concerns the requirements of the open meetings law and the privileges granted reports and other records pursuant to the health care provider peer review and risk management laws. In 1984 the Kansas legislature adopted the health care provider peer review law, K.S.A.1988 Supp. 65-4915. Federal government regulations require the governing body of a hospital to have quality assurance and peer review programs to participate in the federal Medicare program. 42 C.F.R. § 482.21. "Peer review" is defined in K.S.A.1988 Supp. 65-4915(a)(3) to include the following functions:

"(A) Evaluate and improve the quality of health care services rendered by health care providers;

(B) determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care;

(C) determine that the cost of health care rendered was considered reasonable by the providers of professional health services in this area;

(D) evaluate the qualifications, competence and performance of the providers of health care or to act upon matters relating to the discipline of any individual provider of health care;

(E) reduce morbidity or mortality;

(F) establish and enforce guidelines designed to keep within reasonable

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