The Kansas Open Records Act

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.

• The University of Kansas Health System annual reports
• Audited annual financial statements
• Book of resolutions, orders, and minutes of open meetings
• Policies
• Contracts

You have the right to request assistance from the Hospital Authority’s Freedom of Information Officer 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.

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.

Michelle Crutcher is the designated official Custodian of Public Records, and requests for inspection and copies of records should be directed to her.

The University of Kansas Hospital Authority asks that you submit a written request to obtain public records. Please include the following information in your request:

• 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 noon, and from 1 p.m. to 5 p.m. Records may be inspected during those hours. The University of Kansas Hospital Authority is closed on official holidays.

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 Authority 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).

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).

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:

• Senior manager rate based upon the employee’s annual salary/hourly pay rate
• 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.

If you have questions about the Act or The University of Kansas Hospital Authority’s policies under it, or to obtain assistance in resolving disputes relating to the Act, contact Freedom Information Officer, Daniel W. Peters.

DISCLAIMER: The Office of the General Counsel of The University of Kansas Hospital Authority publishes these web pages for general information only. The pages are not intended to provide specific legal advice for any specific situation. Legal advice can be provided only in the course of an attorney-client relationship with reference to all the facts of a specific situation. This information, therefore, must not be relied on as a substitute for obtaining legal advice from a licensed attorney. While we try to provide links to timely and authoritative information, the content of linked sites is subject to local disclaimers, and the Office of the General Counsel makes no guarantees, express or implied, concerning its accuracy. We recommend that users obtain confirmation from official sources of all information found on World Wide Web sites.

Office location

The University of Kansas Hospital Authority
4000 Cambridge St.
Kansas City, KS 66106
913-588-1270

Contact Office of the General Counsel

KUHAgeneralcounsel@kumc.edu