S.C. Code Regs. 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.
Notes
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