Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


February 7, 2023


The Honorable Brenda Landwehr, Chairperson
House Committee on Health and Human Services
300 SW 10th Avenue, Room 112-N
Topeka, Kansas 66612
Dear Representative Landwehr:
SUBJECT: Fiscal Note for HB 2171 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2171 is
respectfully submitted to your committee.
HB 2171 would specify that factual information is not protected as privileged information
in a peer review process under KSA 65-4915 or in a risk management review process under KSA
65-4925. The bill would state that deliberations, analyses, findings, conclusions, and
recommendations of any peer review committee or officer would remain protected and would not
be subject to discovery in any claim process or civil action. The bill would also modify provisions
on the peer review process related to privileged information to add witness testimony, affidavits,
and data, as well as add other clarifications on what would qualify as privileged information.
The Kansas Department for Aging and Disability Services notes that HB 2171 would likely
have a fiscal effect on the agency, as well as healthcare providers, but a total effect could not be
estimated. Enactment of the bill would result in increased requests for peer review documents to
be turned over to claimants and plaintiffs in civil actions and would require subject reporters,
witnesses, and committee members to provide documents and testimony in those civil proceedings.
The agency states this could create an increase on the workload of hospital counsel and staff
involved in the peer review process to review and respond to requests, subpoenas, and court orders
requiring release of peer review documents and requiring their testimony in civil actions. It could
result in increased litigation being filed against the agency and could lead to a need for more FTE
positions. The bill could lead to increased litigation being filed against the healthcare provider.
The Kansas Board of Nursing indicates that the bill would result in expenditures for
revision of regulations affected by enactment of the bill, which are estimated to be under $500.
The Kansas Board of Healing Arts indicates the bill would not provide any additional revenue and
The Honorable Brenda Landwehr, Chairperson
Page 2—HB 2171

any increased expenditures could be handled within existing resources. According to the Kansas
Department of Health and Environment, Kansas Dental Board, the Kansas Board of Emergency
Medical Services, and the University of Kansas Medical Center, enactment of HB 2171 would not
result in a fiscal effect on the operations of any of the respective agencies. Any fiscal effect
associated with HB 2171 is not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Amy Penrod, Department of Health & Environment
Leigh Keck, Department for Aging & Disability Services
Susan Gile, Board of Healing Arts
Charity Carlat, Dental Board
Joe House, Emergency Medical Services
Jill Simons, Board of Nursing
Jeff Dewitt, University of Kansas


Statutes affected:
As introduced: 65-4925, 65-4915