[ §323B-5] Disclosure, use, and production of de-identified protected health information.

276 words·~1 min read·/hi/323b-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Provided that individually identifiable protected health information has been de-identified pursuant to title 45 Code of Federal Regulations part 164, as may be amended, the State shall have a compelling interest in the public and private disclosure, use, and production of the de-identified protected health information for the purposes of medical or economic research, protecting patient or public safety, ensuring proper operation of facilities providing medical care, and health care operations as defined in title 45 Code of Federal Regulations part 164, as may be amended.

(b)Public and private uses of de-identified protected health information in which the State shall have a compelling interest include but are not limited to:

(1)De-identified protected health information from state agencies, hospitals, medical and health care facilities, health care providers, and providers of health insurance relating to:

(A)Medical or economic research; and

(B)Public safety;

(2)De-identified protected health information from state agencies, pharmacies, hospitals, medical and health care facilities, health care providers, and providers of health insurance relating to patient protection and public safety involving unfair or deceptive acts or practices, restraints of trade, and price-fixing in violation of chapter 480; and

(3)De-identified protected health information from state agencies, hospitals, medical and health care facilities, and health care providers relating to the proper operation of medical and health care facilities that includes:

(A)Quality assessment and improvement activities;

(B)Patient protection and safety activities;

(C)Population based activities relating to improving health or reducing health care costs;

(D)Fraud and abuse detection and compliance; and

(E)Employment actions. [L 2017, c 157, §2]