2006 Louisiana Laws - RS 40:1300.112 — Data collection; powers and duties of the office of public health

§1300.112.  Data collection; powers and duties of the office of public health

A.  The office of public health, in consultation with representatives from hospitals, outpatient care centers, health professional licensing boards, and other state agencies, shall:

(1)  Define the core data elements to be reported to the office of public health in accordance with existing national and international data standards for core health data elements.

(2)  Develop standards of accuracy, quality, timeliness, economy, and efficiency for the provision of data.

(3)  Identify the most practical methods to collect, transmit, and share required health care data as described in this Part.

(4)  Utilize, wherever practical, existing administrative data bases, and modalities of data collection to provide the required data.

(5)  Ensure confidentiality of data by enforcing appropriate rules and regulations.

B.  The office of public health may:

(1)  Create an advisory group consisting of representatives from hospitals, outpatient care centers, health professional licensing boards, other state agencies, and other representatives appointed by the office.

(2)  Contract with private entities for the collection of data subject to the provisions of this Part.

(3)  Release data collected pursuant to this Part except that data released shall not include any individual patient identifier or information that could be used to identify an individual patient.

C.(1)  All state agencies, including health professional licensing, certification, or registration boards and commissions, which collect, maintain, or distribute health data, shall make available to the office of public health such data as are necessary for the office to carry out its responsibilities as defined in Subsection A of this Section.

(2)  All medical care facilities licensed by the state, including but not limited to hospitals, outpatient surgical facilities, and outpatient clinical facilities shall submit information in the manner and form prescribed in rules and regulations promulgated by the Department of Health and Hospitals pursuant to this Part.

(3)  The office of public health shall take actions necessary to avoid the duplication of effort of agencies and medical care facilities required to submit information.  To this end:

(a)  If a state agency submits the information required in Paragraph (1) of this Subsection to another state agency or organization in a manner, form, and content acceptable to the office of public health, the assistant secretary may obtain such information from the state agency or organization which receives the data and may provide that the state agency which originally provides the information is not required to submit the information to the office of public health.

(b)  If the information required in Paragraph (2) of this Subsection is already submitted to another state agency in the prescribed format, the office of public health shall obtain information from the other state agency.

D.  The office of public health  shall promulgate and enforce such rules and regulations as may be necessary to carry out the provisions of this Part, including the manner in which data are collected, maintained, compiled, and disseminated, and including such rules as may be necessary to promote and protect the confidentiality of data reported under this Part.  Collected data which identified or could be used to identify any individual patient shall not be subject to discovery in civil or criminal proceedings.

E.(1)  The office of public health, as the state center for health statistics, shall compile and disseminate health care data collected pursuant to this Part.

(2)  The office of public health shall include a special report to the legislature as part of the health report card submitted to the legislature prior to the 1998 Regular Session in accordance with Part XLVII of this Chapter.  This special report shall summarize the status of the implementation of this Part and funding requirements for continued implementation and operation of the state health care data clearinghouse.  In subsequent years, data collected pursuant to this Part shall be incorporated into the health report card.

(3)  The office of public health, as the state center for health statistics, shall provide assistance to the House and Senate Committees on Health and Welfare in the development of information necessary in the examination of health care issues.

F.  In the event that sufficient funds are not appropriated to operate the state health care data clearinghouse to include the collection, storage, analysis, and dissemination of data to participating agencies, organizations, and the general public, the application and enforcement of this Part shall be suspended pending the appropriation of sufficient funds, and all accumulated health care data shall be stored with appropriate confidentiality safeguards, destroyed, or transferred to another appropriate agency or organization in accordance with state law.

Acts 1997, No. 622, §1, eff. July 3, 1997.