Does the OIG have access to confidential records, including medical records, in performing its work?
The controlling statute states that staff may have access to all pertinent information necessary, confidential or otherwise, to carry out the duties of the OIG. This includes information maintained by KHPA staff, vendors, contractors, health care providers and federal, state and local government agencies. However, there are some limits on the OIG’s access to confidential records. Access is limited to those files maintained by providers or contractors only to the point necessary to verify the accuracy of invoices, compliance with contract provisions, or compliance with program requirements. Furthermore, the OIG may not access any medical records related to individuals who are not enrolled in Medicaid or other KHPA programs. In addition, OIG staff is subject of a strict code of confidentiality and consequences for violation of that public trust. To maintain record confidentiality, the OIG statute makes OIG staff subject to the same duty of confidentiality imposed by law on any other pers
