2011 Louisiana Laws
Revised Statutes
TITLE 40 — Public health and safety
RS 40:1300.112 — Data collection; powers and duties of the department of health and hospitals

§1300.112. Data collection; powers and duties of the Department of Health and Hospitals

The Department of Health and Hospitals, in consultation with the Health Data Panel, shall:

(1) Identify and define the health care cost, quality, and performance data elements to be reported to the Department of Health and Hospitals in accordance with existing national and international data standards for consumers' meaningful comparison of costs for specific health care services and specific quality of care measures between and among medical facilities, health care providers, and health plans.

(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 patients by enforcing appropriate rules and regulations at least as stringent as those regulations applicable to covered entities promulgated under the Health Insurance Portability and Accountability Act privacy regulations, 42 CFR Part 164.

(6) Coordinate with the Louisiana Department of Insurance on all matters of health plan cost, quality, and performance data to be collected from health plans licensed to offer health insurance coverage in Louisiana. Such data shall exclude premium data and information related to the development of premiums.

(7) Include appropriate risk-adjustment measures into the production of all health care cost, quality, and performance data issued to account for variation in facility size, location, and patient acuity levels.

(8) Provide the process for Internet publication of provider and health plan specific cost, quality, and performance data collected pursuant to this Part for access and use by a consumer or requesting entity.

(9) Ensure that data released pursuant to this Part shall not include any identifier which is listed in 45 CFR 164.514(b) as being necessary to be removed in order for the data to be de-identified within the meaning of 45 CFR 164.514(a).

(10) Promulgate rules and regulations, in accordance with the Administrative Procedure Act, to carry out the provisions of this Part.

(11) Implement the initial phase of the Internet website created pursuant to this Part on or before April 30, 2009.

(12) In the event that sufficient funds are not appropriated to implement this Part, 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; Acts 2007, No. 410, §1; Acts 2008, No. 537, §1, eff. June 30, 2008.