La. Admin. Code tit. 48 § V-15107
Current through Register Vol. 50, No. 11, November 20, 2024
Section V-15107 - Use of Hospital Discharge Records by OPHA. Patient level data (raw or cleaned) may be released by OPH to the data provider that submitted that particular data.B. The office may use patient level data in fulfilling its public health mission. The office will establish procedures for secure use of the data by OPH staff.C. The office may release patient level data (excluding secure information) for use in health research, public education, administrative and health industry research in accordance with the provisions of §15109 of this rule (approval of the Hospital Discharge Data Research Panel). In consideration of the existing information industry in Louisiana, and to assure a measure of completeness and quality of this data during the initial years of the implementation, this data will not be released during the first 12 months following discharge. Starting with year 2000 discharges, the minimum delay observed will decrease by one month per year (a discharge 1/1/2000 may be released 12/1/2000), until 2010, when a minimum delay will no longer be observed.D. Aggregate Information 1. The office may develop and publish aggregate data reports and aggregate data as resources permit that do not disclose confidential information as defined in §15103 of this rule. The aggregate data reports and aggregate data shall be public information and may be distributed electronically.2. The office may also release aggregate data on request, as resources permit. Such data may be released when it does not disclose confidential information, as defined in §15103 of this rule. The data request should be made to the director of the Division of Health Information, DHH-OPH and must include: a. rationale for the study or data use;b. a summary of the research plan, including a definition of, and justification for the particular fields and records necessary for the research;c. signed agreement for use of data affirming that data will be used only for the purpose stated in the request, and that no attempts will be made to combine data provided for this request with other data provided from a previous request or another source, or attempt to identify confidential information;d. affirmation that a copy of any publication resulting from the use of the records shall be provided to the director of the Division of Health Information;e. a signed agreement to indemnify and hold the state, DHH, and OPH, its employees, and the original providers of the patient level data harmless from any liability arising out of the authorized or unauthorized use of the data.E. OPH Reports Containing Identifiers 1. The office may apply to the Hospital Discharge Data Research Panel (§15109 of this rule) for approval for publication of health care data reports with employer, facility, payor and/or physician and/or other healthcare provider identifiers. The application shall state the purpose of the report and a justification for releasing it with identifiers. If the panel approves the request, a copy of the report(s) shall be provided to all panel members at least one full working day prior to release for publication.2. The criteria for approval by the panel shall include, but are not limited to: a. the report content and design reflect that the proposal is in the best interest of the public health;b. the report reflects the use of accepted methods of data analysis;c. the investigators/researchers are deemed qualified based on their past research, employment and education;d. provisions to protect the confidentiality of the patient identifiers comply with §15109. B 23. Panel action on office proposals to publish employer, facility, payor, physician or other healthcare provider specific reports shall be in accordance with §15109. B of this rule.La. Admin. Code tit. 48, § V-15107
Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 24:1935 (October 1998).AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1300.112(D).