HLS 10RS-2575 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 1431
BY REPRESENTATIVE SIMON
HEALTH/DHH: Provides relative to health data collection and reporting by the Department
of Health and Hospitals
AN ACT1
To amend and reenact R.S. 40:1300.112(10) and to enact R.S. 40:1300.112(13) and2
1300.112.1, relative to health data collection and reporting; to provide for certain3
powers and duties of the Department of Health and Hospitals; to establish restrictions4
on information contained in health data to be released; to provide for an exemption5
to such restrictions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:1300.112(10) is hereby amended and reenacted and R.S.8
40:1300.112(13) and 1300.112.1 are hereby enacted to read as follows: 9
§1300.112. Data collection; powers and duties of the Department of Health and10
Hospitals11
The Department of Health and Hospitals, in consultation with the Health Data12
Panel, shall:13
* * *14
(10) Promulgate rules and regulations, in accordance with the Administrative15
Procedure Act, to carry out the provisions of this Part prior to the release of any data.16
* * *17
(13) Ensure that data released pursuant to this Part shall not include any of18
the following information:19
(a) Payor name.20 HLS 10RS-2575 ORIGINAL
HB NO. 1431
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(b) Insured or self-insured group name.1
(c) Information which can be used to determine market share including the2
geographic origin of a patient or referral or admission sources or patterns.3
(d) Information which, if released, would be reasonably likely to affect the4
releasing entity's ability to compete.5
§1300.112.1. Exceptions6
A. The provisions of R.S. 40:1300.112(13) shall not apply to de-identified7
data released for legitimate research purposes to a nonprofit research entity not8
affiliated with a health insurer, health care provider, or other payor. Such release of9
data may only occur pursuant to a data use agreement which shall include but is not10
limited to the following:11
(1) A listing of all of the specific data elements to be released.12
(2) The following affirmations:13
(a) That the data will be used exclusively for research purposes.14
(b) That the research entity will not use the data directly or indirectly to15
adversely impact the disclosing entity's ability to compete.16
(c) That the data will be released only in aggregate form.17
(d) That the data will be destroyed prior to a specific date or after a specific18
occurrence.19
B. Thirty days prior to the release of any data pursuant to this Section, the20
department shall send notice of such release in writing to all of the following:21
(1) The Louisiana Hospital Association.22
(2) The entity which provided the data, provided that the entity submitted a23
prior request in writing to the department for notice of the release of data.24 HLS 10RS-2575 ORIGINAL
HB NO. 1431
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Simon HB No. 1431
Abstract: Provides for certain powers and duties of the Dept. of Health and Hospitals
relating to the release of health data, for certain restrictions on data which may be
released, and for exemptions to those restrictions.
Present law establishes standards for the collection and reporting of health data by the Dept.
of Health and Hospitals for the purpose of facilitating 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.
Proposed law retains present law and provides for a restriction on health data to be released.
Restriction provides that data to be released shall not include any of the following
information:
(1)Payor name.
(2)Insured or self-insured group name.
(3)Information which can be used to determine market share including patient origin
or referral or admission sources or patterns.
(4)Information which, if released, would be reasonably likely to affect the entity's
ability to compete.
Proposed law provides for an exception to proposed law restriction on certain information
within health data to be released. Proposed law provides that this exception applies to
nonprofit research entities not affiliated with a health insurer, health care provider, or other
payor and which use the data for legitimate research purposes.
Proposed law provides that nonprofit research entities may only receive health data pursuant
to a data use agreement which states all of the following:
(1)That the data will be used exclusively for research purposes.
(2)That the research entity will not use the data directly or indirectly to
adversely impact the disclosing entity's ability to compete.
(3)The data elements to be released.
(4)That the data will be released only in aggregate form.
(5)The date or occurrence after which the data will be destroyed.
Proposed law requires that DHH send written notice 30 days prior to the release of any data
to the following entities:
(1)The Louisiana Hospital Association.
(2)The entity which provided the data, provided that the entity submitted a prior
request in writing to the department for notice of the release of data. HLS 10RS-2575 ORIGINAL
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Present law requires DHH to promulgate rules in accordance with the Administrative
Procedure Act to carry out the provisions of this present law.
Proposed law stipulates that DHH promulgate such rules prior to any health data being
released.
(Amends R.S. 40:1300.112(10); Adds R.S. 40:1300.112(13) and 1300.112.1)