Statutes, codes, and regulations
South Carolina Code of Regulations
Chapter 19 - STATE BUDGET AND CONTROL BOARD
Article 11 - DATA RELEASE FOR MEDICAL ENCOUNTER DATA & FINANCIAL REPORTS
Section 19-1130 - Data Release Protocol

S.C. Code Regs. § § 19-1130

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Current through Register Vol. 48, No. 11, November 22, 2024
Section 19-1130 - Data Release Protocol
A. The confidentiality of the patient shall be of the utmost concern. The release or re-release of data, in raw or aggregate form, that can be reasonably expected to reveal the identity of an individual patient shall be made only when a mandate has been established by statutory law.
B. Requests for the release of encounter-level and/or restricted data elements for research purposes shall be subject to the Data Oversight Council's Data Release Protocol.
C. The release of encounter-level, restricted and/or confidential data elements require that a confidentiality contract be signed by the appropriate individuals as specified in the Principles and Protocol for the Release of Health Care Data for each classification of data.
(1) These Confidentiality Contracts shall protect the confidentiality of the patient, health care facility, health care provider and health insurer and shall be specified in the Principles and Protocol for the Release of Health Care Data by the Data Oversight Council.
(2) These data are the property of the ORS and must be surrendered upon direction of the DOC.
(3) Failure to comply with the Confidentiality Contract may result in legal action. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
D. The DOC shall review requests for the release of encounter-level, restricted and/or confidential data for non-research purposes and make a final determination about the release of data.
E. Reports to be released for public use must follow the procedures and formats published in The Principles and Protocol for the Release of Health Care Data: The Principles and Protocol for the Release of Health Care Data shall allow for review and input by affected parties on the reports to be released for public use, taking into consideration all applicable federal, state laws and regulations.

S.C. Code Regs. § 19-1130

Added by State Register Volume 19, Issue No. 5, eff May 26, 1995. Amended by State Register Volume 29, Issue No. 6, eff June 24, 2005.