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IN THE COURT OF APPEALS OF THE STATE OF KANSAS No. 103,750 DUSTIN J. MERRYFIELD, Appellant, v. KANSAS SOCIAL AND REHABILITATION SERVICES, and SECRETARY DON JORDAN, Appellees.

SYLLABUS BY THE COURT

1. An issue incidentally raised in an appellate brief but not argued is generally deemed abandoned.

2. The fundamental rule of statutory construction, to which all other rules are subordinate, is that courts must apply the intent of the legislature as expressed in the plain language of the statute, unless that intent is not clearly revealed because the language is ambiguous.

3. The district court is authorized to dismiss a K.S.A. 60-1501 petition if an examination of the petition and any attached exhibits demonstrate that the petitioner is not entitled to the relief sought. When the district court summarily dismisses a K.S.A. 601501 petition, the appellate court's review is de novo.

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4. The Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C.

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