2012 North Dakota Century Code Title 23 Health and Safety Chapter 23-01.1 Health Care Data Committee
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CHAPTER 23-01.1
HEALTH CARE DATA COMMITTEE
23-01.1-01. Health care data committee of state health council - Membership Appointment by chairman of health council.
The health care data committee is a standing committee of the state health council,
consisting of not less than three nor more than five members, appointed by the chairman of the
health council from the members of the council. A majority of the members of the health care
data committee must be consumer members of the health council.
23-01.1-02. Powers of health care data committee.
To provide information to the public necessary for the enhancement of price competition in
the health care market, the health care data committee may:
1. Collect, store, analyze, and provide health care data.
2. Compile the average aggregate charges by diagnosis for the twenty-five most
common diagnoses, annual operating costs, revenues, capital expenditures, and
utilization for each nonfederal acute care hospital in this state, and the average
charges by source of payment and level of service in each long-term care facility in
this state.
3. Establish a uniform format for the collection of information on charges to patients.
4. Prepare an annual report comparing the cost of hospitalization by diagnosis in each
nonfederal acute care hospital and comparing average charges by source of payment
and by level of service in each long-term care facility in the state.
5. Establish procedures that assure public availability of the information required to make
informed health care purchasing decisions.
6. Establish arrangements with the state department of health, the department of human
services, the insurance commissioner, workforce safety and insurance, and the public
employees retirement system to assure patient confidentiality, the sharing of
information, and the coordination, analysis, and dissemination of health care data, and
to act in a manner which does not duplicate data collection activities of other state
agencies.
7. Prepare and distribute a report comparing physicians' average charges for selected
services to include all physicians licensed to practice medicine in this state and
determined by the health care data committee to be actively providing direct patient
care services in this state.
23-01.1-02.1. Publication of comparative physician fee information.
The health care data committee shall create a data collection, retention, processing, and
reporting system that will allow the distribution of information comparing the average fees
charged by each licensed physician practicing medicine in this state. Insurers, nonprofit health
service corporations, health maintenance organizations, and state agencies shall provide the
data and information. The committee shall prepare a report which must include a schedule of
average fees charged for services representative of the physician's type of practice and
specialization and other information that the data committee may determine are necessary for
consumers to use in comparing total physician costs and to assist policymakers or providers in
their deliberations on future health care decisions.
23-01.1-03. Publication of a directory of licensed physicians.
Repealed by S.L. 1991, ch. 262, ยง 4.
23-01.1-04. Administrative authority of health care data committee - Administrative
support - Authority to acquire data.
The health care data committee may adopt rules consistent with and necessary for the
implementation of this chapter. The committee shall establish working arrangements among
other state agencies for the assurance of patient confidentiality, the sharing of information, and
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the coordination, analysis, and dissemination of health care data to the public and to the state
agencies in making more cost-effective health care purchasing decisions. The committee may
require insurers, nonprofit health service corporations, health maintenance organizations, and
state agencies to provide data regarding hospital, physician, and other provider charges, and
reimbursement and volume data as required for the performance of the duties of the committee
under this chapter.
23-01.1-05. Confidentiality of certain records - Immunity for providing information.
The committee shall keep all records, data, and information that could be used to identify
individual patients confidential. Reports for distribution by the committee or for publication must
be prepared in a manner to reasonably assure exclusion of information that would identify any
particular patient. Any person who provides information, data, reports, or records with respect to
any patient to the health care data committee under this chapter is immune from liability for the
act of furnishing the information.
23-01.1-06. Fees for providing extraordinary data or reports.
The state department of health may, by rule, set fees for recovering the reasonable costs of
providing data and reports, other than those set forth in this chapter, to any person. Revenues
derived from the fees must be deposited in the operating fund of the state department of health.
23-01.1-07. Civil penalty.
Any person violating this chapter or violating any rule adopted by the health care data
committee is subject to a civil penalty not to exceed five hundred dollars per day of violation.
The state department of health with the assistance of the attorney general may prosecute an
action in district court to recover any civil penalty under this chapter.
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