Tenn. Comp. R. & Regs. 1200-07-03-.07 - CONFIDENTIAL INFORMATION

(1) All information reported to the Commissioner under this part is confidential until processed and verified by the Commissioner.

(2) In no event may patient identifiers be released to the public at any time.

(3) Information regarding the name of an employer will not be released to the public. Information about any employer may be released to the employer identified in the data record. Hospitals may receive information regarding the name of employer for their claims only.

(4) The data may be released pursuant to 45 C.F.R. § 164.514(b) or (e). However if either data files and/or reports are otherwise released to the public, to protect patient confidentiality, they must meet the following criteria:

(a) Patient Address City must be deleted.

(b) The month and day of all dates must be deleted.

(c) All zip code areas having a population under 20,000 must have no more than the first three digits shown. Zip code areas having a population of 20,000 or more must have no more than the first five digits shown.

(d) For patients over 89 years of age the Year of Birth must be deleted and the actual patient age may not be shown.

(e) Information that reasonably could be expected to reveal the identity of a patient including those items contained in 45 C.F.R. § 164(b)(2)(i) shall be deleted.

(5) Any agency of the State of Tennessee receiving confidential hospital claims data or reports containing such confidential information, shall agree in writing to follow all confidentiality restrictions of the Department concerning use of this data.

(6) The Commissioner may use or authorize use of this data, including the patient identifiers, for purposes that are necessary to provide for or protect the health of the population and as permitted by law.

Notes

Tenn. Comp. R. & Regs. 1200-07-03-.07

Original rule filed July 30, 1987; effective September 13, 1987. Repeal and new rule filed May 7, 1997; effective July 21, 1997. Amendment filed June 14, 2006; effective August 28, 2006.

Authority: T.C.A. §§ 4-5-202, 4-5-204, and 68-1-108.