Health care includes the prevention, treatment, and cure of physical and mental health issues that may affect human beings. Legal issues related health care may arise—including issues related to (1) the provision of health care services; (2) the payment for health care services—by individuals or by insurance; (3) the privacy of medical and health care records; and (4) the right to make health care decisions for ourselves and others.
In Kansas, health care law encompasses a variety of regulations and statutes that address the provision, payment, privacy, and decision-making authority related to health care services. Health care providers must adhere to state licensing requirements and standards of care when delivering services. Payment for health care services can involve direct payments by individuals, insurance claims, and programs like Medicaid. Kansas has laws that protect the privacy of medical records, aligning with the federal Health Insurance Portability and Accountability Act (HIPAA), which sets the standard for protecting sensitive patient data. Patients in Kansas have the right to make their own health care decisions, including the right to accept or refuse medical treatment. This extends to the creation of advance directives, such as living wills and durable powers of attorney for health care, which allow individuals to outline their preferences for treatment in the event they are unable to communicate their decisions. Additionally, legal issues may arise when there is a dispute over medical malpractice, insurance coverage, or the guardianship for making health care decisions for others who are unable to make such decisions for themselves.