Kansas Statutes Annotated

K.S.A. § 65-4922 (2026)

Medical care facilities; risk management program required; submission of plan; inspections and investigations; approval of plan; reports and records confidential

✓ current as of May 2026

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65-4922. Medical care facilities; risk management program required; submission of plan; inspections and investigations; approval of plan; reports and records confidential. (a) Each medical care facility shall establish and maintain an internal risk management program which shall consist of:

(1) A system for investigation and analysis of the frequency and causes of reportable incidents within the facility;

(2) measures to minimize the occurrence of reportable incidents and the resulting injuries within the facility; and

(3) a reporting system based upon the duty of all health care providers staffing the facility and all agents and employees of the facility directly involved in the delivery of health care services to report reportable incidents to the chief of the medical staff, chief administrative officer or risk manager of the facility.

(b) Not less than 60 days before the time for renewal of its license in 1987, each medical care facility shall submit to the department its plan for establishing and implementing an internal risk management program. Such plan may rely upon policies and procedures adopted by the medical care facility and its departments and committees. Failure to submit such a plan shall result in denial of the renewal of the facility's license.

(c) The department shall make or cause to be made such inspections and investigations as it deems necessary to reasonably assure that each medical care facility is implementing the internal risk management program required by this section. In making such inspections and investigations, the department may review and copy the reports and records of all executive committees designated to investigate reportable incidents under this act.

(d) Upon review of a plan submitted pursuant to subsection (b), the department shall determine whether the plan meets criteria of this section. If the plan does not meet such criteria, the department shall disapprove the plan and return it to the facility, along with the reasons for disapproval. Within 60 days, the facility shall submit to the department a revised plan which meets the requirements of this section and any rules and regulations adopted hereunder. No medical care facility shall be granted renewal of its license in 1988 unless its plan has been approved by the department.

(e) A medical care facility shall not be liable for compliance with or failure to comply with the provisions of this section or any rules and regulations adopted hereunder, except as provided in K.S.A. 65-430 and amendments thereto.

(f) The secretary shall adopt such rules and regulations as necessary to administer and enforce the provisions of this section.

(g) Any reports and records reviewed or obtained by the department and in the department's possession, pursuant to subsection (a) of K.S.A. 65-4925, and amendments thereto, shall be confidential and privileged and not subject to discovery, subpoena or legal compulsion for their release to any person or entity, nor shall they be admissible in any civil or administrative action other than a disciplinary proceeding by the department.

History: L. 1986, ch. 229, § 3; L. 1987, ch. 176, § 9; L. 1989, ch. 201, § 1; April 27.

Notes of Decisions

Cited in 7 cases, 1990–2007 · leading case: Adams v. St. Francis Reg'l Med. Ctr., 955 P.2d 1169 (Kan. 1998).

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Adams v. St. Francis Reg'l Med. Ctr., 955 P.2d 1169 (Kan. 1998). · cites it 6× “65-4915, K.S.A. 65-4922, K.S.A. 65-4923 and K.S.A.”

Lemuz Ex Rel. Lemuz v. Fieser, 933 P.2d 134 (Kan. 1997). · cites it 4× “K.S.A. 65-4922; K.S.A. 65-4923. The defendants assert that these statutes, designed to increase the amount of risk management activity in Kansas hospitals, constitute a quid pro quo because the statutes should ideally result in the reduction of medical malpractice incidents and…”

Samsel v. Wheeler Transp. Servs., Inc., 789 P.2d 541 (Kan. 1990). · cites it 2× “7-121b[a]); the Internal Risk Management Program was created (K.S.A. 1986 Supp. 65-4922); and limitations were placed on the qualifications of expert witnesses in medical malpractice actions (K.”

Williamson v. Amrani, 152 P.3d 60 (Kan. 2007). · cites it 2× “65-4904(c); the addition of an internal risk management program requirement for medical care facilities, K.S.A. 65-4922; damages caps on recovery in medical malpractice actions, K.”

Lloyd v. Quorum Health Resources, L.L.C., 77 P.3d 993 (Kan. Ct. App. 2003). · cites it 2× “Implementation of risk management plans and reporting systems as required by K.S.A. 65-4922, 65-4923 and 65-4924 and peer review pursuant to K.”

McVay v. Rich, 859 P.2d 399 (Kan. Ct. App. 1993). · cites it 5× “” K.S.A. 65-4922 requires each medical care facility to establish and maintain an internal risk management' program.”

Conner v. Salina Reg'l Health Ctr., Inc., 56 F. App'x 898 (10th Cir. 2003). “Section 65 — 4929(b) provides: Health care providers and review, executive or impaired provider committees performing their duties under K.S.A. 65-4922, K.S.A. 65-4923 and K.S.A.”

— K.S.A. § 65-4922(a)(3) — 1 case

Lloyd v. Quorum Health Resources, L.L.C., 77 P.3d 993 (Kan. Ct. App. 2003). “Implementation of risk management plans and reporting systems as required by K.S.A. 65-4922, 65-4923 and 65-4924 and peer review pursuant to K.”

— K.S.A. § 65-4922(e) — 1 case

McVay v. Rich, 859 P.2d 399 (Kan. Ct. App. 1993). “” K.S.A. 65-4922 requires each medical care facility to establish and maintain an internal risk management' program.”

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