409-021-0010 Definitions As used in this division: (1) “Computer” means a desktop personal computer physically located in the Office. (2) “Data use agreement” means the terms, conditions, restrictions, and other rules governing the use of health data as specified in Form D-1 (Research Data Request) and in Form D-3 (OHPR Data Use Agreement). (3) “Electronic media” means the consumer media commonly used to store and transport up to 4.7 GB of data. This includes, but is not limited to, floppy diskettes, CDs, DVDs, and other forms of removable storage media. (4) “Format” means the way health data appears in a display, on electronic media, on printed copy, or in output or data files produced by the Office’s computer software. (5) “Health data” means an electronic or printed copy of a document, book, paper, file, or other materials, regardless of mode received, that is filed or maintained in pursuit of law or in connection with the transaction of public business. Health data reported to the Office from hospitals and other health care facilities may include information that is protected health information when it is maintained at the hospital or health care facility. The Office obtains such information because it is required by law, and because the Office acts in the capacity of a health oversight agency. The Office is not a covered entity or a business associate of a covered entity. Health data may include, but is not limited to: (a) The socioeconomic and demographic characteristics of a population; (b) The incidence of specific diseases or injuries; (c) The severity of the diseases and injuries; (d) The supply of health care services; (e) Characteristics of the health care providers; (f) The utilization of health care services; or (g) Determining the need for health care services. (6) “HIPAA” means the federal Health Insurance Portability and Accountability Act of 1996 and the regulations published Title 45, Parts 160 and 164, of the Code of Federal Regulations. (7) “Office” means the Office for Oregon Health Policy and Research. (8) “Person” means any natural person, corporation, partnership, firm, association or member or committee of the Legislative Assembly. (9) “Public use health data file” means an aggregation of health data without personal identifiers that are publicly available for download, available through electronic mail, or available for delivery on electronic media, and at the Office’s discretion may require an approved data use agreement. (10) “Requestor” means the person who: (a) Requests to inspect health data as provided in OAR 409-021-0120. (b) Requests one or more copies of one or more public use health data files as provided in OAR 409-021-0130. (c) Requests one or more copies of one or more limited health data sets as provided in OAR 409-021-0140. (11) “Restricted health data set” means health data, other than routinely available public use data files, provided exclusively for purposes that are specified in an approved data use agreement. Limited data sets as defined by HIPAA shall be considered restricted health data sets. (12) “Software” means a proprietary package of written programming language that instructs a computer to perform certain tasks. (13) “Staff time” means the total time required by staff to complete a data request starting from initial contact to final contact with requestor, including searching for information, summarizing, duplicating, accessing the data, or any other time required by staff to complete the request. (14) “State” means the State of Oregon. Statutory/Other Authority: ORS 192.440 & 442.420(3)(d) Statutes/Other Implemented: ORS 192.410 - 192.440 & 442.420(3)(d) History: OHP 1-2007, f. 1-29-07, cert. ef. 2-1-07 OHP 1-2002, f. & cert. ef. 1-2-02 OHP 1-1997, f. & cert. ef. 8-25-97 HP 1-1996, f. & cert. ef. 1-2-96 HP 2-1988, f. & cert. ef. 3-25-88 SHPD 5-1986, f. & ef. 1-24-86