{"data":{"id":"us-ky/krs-311a.190","jurisdiction":"us-ky","citation":"KRS 311A.190","heading":"Information furnished to board by providers and program -- Patient","body":"care record report form -- Annual reports -- Confidentiality -- Report to\nmedical facility, ambulance provider, and patient -- Records -- Disclosure and\nadmissibility of data and records -- Cabinet access to data.\n(1) Each licensed ambulance provider, mobile integrated healthcare program, and\nmedical first response provider as defined in this chapter shall collect and provide to\nthe board patient care record data and informa tion required by the board by this\nchapter and administrative regulation.\n(2) The board shall develop a patient care record form for the use of each class of\nambulance provider, mobile integrated healthcare program, and medical first\nresponse provider containing the data required in subsection (1) of this section. An\nambulance provider, mobile integrated healthcare program, or medical first\nresponse provider may utilize any patient care record form it chooses in lieu of or in\naddition to the board developed  patient care record form. However, the data\ncaptured on the patient care record form utilized by the ambulance service, mobile\nintegrated healthcare program, or medical first response provider shall include at\nleast the data that is required by the admini strative regulations promulgated\npursuant to subsection (1) of this section.\n(3) An ambulance provider, mobile integrated healthcare program, or medical first\nresponse provider shall report the required patient care record data as prescribed\nthrough admini strative regulations promulgated by the board by transmitting the\nrequired data and information to the board in an electronic format. If the board\nrequires the use of a specific electronic format, it shall provide a copy of the file\nlayout requirements, in  either written or electronic format, to the licensed\nambulance provider or medical first response provider at no charge.\n(4) The board shall publish a comprehensive annual report reflecting the data collected,\ninjury and illness data, treatment utilized, and other information deemed important\nby the board. The annual report shall not include patient identifying information or\nany other information identifying a natural person. A copy of the comprehensive\nannual report, if issued, shall be forwarded to the Governor and the General\nAssembly.\n(5) Ambulance provider, mobile integrated healthcare program and medical first\nresponse provider patient care records and the information transmitted electronically\nto the board shall be confidential and in compliance wit h HIPAA privacy rules\nreferenced in 45 C.F.R. pt. 164. No person shall make an unauthorized release of\ninformation on an ambulance provider, mobile integrated healthcare program, or\nmedical first response provider patient care record. Only the patient or t he patient's\nparent or legal guardian if the patient is a minor, or the patient's legal guardian or\nperson with proper power of attorney if the patient is under legal disability as being\nincompetent or mentally ill, or a court of competent jurisdiction may  authorize the\nrelease of information on a patient's care record or the inspection or copying of the\npatient care record. Any authorization for the release of information or for\ninspection or copying of a patient care record shall be in writing.\n(6) An ambulance provider or medical first response provider that collects patient data\nthrough electronic means shall have the means of providing a patient care record or\nsummary report that includes all required data elements to the medical care facility.\nA copy o f the medical first response patient care record or summary report of the\npatient care record and patient information shall be made available to the ambulance\nservice that transports the patient. A copy of the ambulance transportation and\nmedical report forms shall be made available to any medical care facility to which a\npatient is transported and shall be included in the patient's medical record by that\nfacility. If a patient is not transported to a medical facility, the copy of the patient\ncare record th at is to be given to the transporting ambulance provider or medical\ncare facility shall be given to the patient or to the patient's parent or legal guardian\nupon request. If the ambulance provider, medical facility, patient, or patient's legal\nguardian refuses delivery of their patient care record or is unavailable to receive the\nform, that copy of the patient care record shall be returned to the medical first\nresponse provider or ambulance provider and destroyed.\n(7) All ambulance services and mobile integrated healthcare programs shall be required\nto keep adequate reports and records to be maintained at the ambulance base\nheadquarters and to be available for periodic review as deemed necessary by the\nboard. Required records and reports are as follows:\n(a) Employee records, including a resume of each employee's training and\nexperience and evidence of current certification or licensure; and\n(b) Health records of all personnel including records of all illnesses or accidents\noccurring while on duty.\n(8) Data and records generated and kept by the board or its contractors regarding the\nevaluation of emergency medical care, mobile integrated healthcare programs, and\ntrauma care in the Commonwealth, including the identities of patients, emergency\nmedical services pe rsonnel, ambulance providers, medical first -response providers,\nand emergency medical facilities, shall be confidential, shall not be subject to\ndisclosure under KRS 61.805 to 61.850 or KRS 61.870 to 61.884, shall not be\nadmissible in court for any purpose, and shall not be subject to discovery. However,\nnothing in this section shall limit the discoverability or admissibility of patient\nmedical records regularly and ordinarily kept in the course of a patient's treatment\nthat otherwise would be admissible or discoverable.\n(9) The Cabinet for Health and Family Services shall have complete and immediate\naccess to all data and records maintained by the board or its contractors and may use\ninformation contained in the data and records to fulfill its responsibilit ies and\nrequirements for health facilities and services, including but not limited to those\nduties assigned to the cabinet by KRS 194A.101, 216.2920 to 216.2929, and\n216B.042.","path":["KRS Chapter 311A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52869","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:08Z","sha256":"ad9014252e76edb430e996f79ee019e89e2943520e5ba2d4c997f8cc4699c5b9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311a.185","next":"us-ky/krs-311a.195"},"notice":"GroundRules: Original legal text. Not legal advice."}