West Virginia Code of State Rules › Agency 65 - Health Care Authority › Title 65 - LEGISLATIVE RULE HEALTH CARE AUTHORITY › Series 65-34 - Uniform Bill Database › Section 65-34-5 - Data Use and Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Department utilizes hospital discharge data for public health surveillance, to
				inform health care policy, and to evaluate the effectiveness of programs. The
				Department also recognizes the legitimate needs of citizens, providers, policy
				makers, researchers, and others to access discharge data. Every effort is made
				to satisfy legitimate requests for data while protecting patient
				data.
5.2. If a party requests more
				than a de-identified data set or a de-identified data set with a cell size of
				less than 30, then the party must submit a complete application for its request
				to be considered.
5.3. Once this
				application is received, the analyst will determine if the data request has
				value and utility, whether the data is available from other sources, if the
				minimum data necessary to accomplish the research project has been requested
				and whether an IRB with Federal Wide Assurance has approved the
				request.
5.4. A hospital submitting
				UB data may obtain the full set of UB data that it has submitted without
				restriction.
5.5. The Authority may
				exchange data available in a limited data set with a public health oversight
				agency.
5.6. If a state agency
				needs UB data to perform an essential function of that agency, the data may be
				produced if a data use agreement is obtained and the minimum necessary data is
				provided.
5.7. If an internal
				source requests data for use before a state agency, the Legislature, or any
				other public body, the Director of Data and Analysis must determine if the data
				requested has a public mission, value and utility and supports the greater good
				of the community.
5.8. If a
				government agency requests data for an articulated public health surveillance
				purpose and the government agency certifies that its request complies with the
				minimum necessary restrictions, the data can be produced without a data use
				agreement and as requested by the government agency once the Director of Data
				and Analysis approves this disclosure.
5.9. If the request is approved and a data
				use agreement signed, then a limited data set may be provided. In no event may
				any limited data set include the following:
5.9.1. Names;
5.9.2. Postal address information, other than
				town or city, state, and zip codes;
5.9.3. Telephone numbers;
5.9.4. Fax numbers;
5.9.5. Electronic mail addresses;
5.9.6. Social security numbers;
5.9.7. Medical record numbers;
5.9.8. Health plan beneficiary
				numbers;
5.9.9. Account
				numbers;
5.9.10.
				Certificate/license numbers;
5.9.11. VIN and serial numbers, including
				license plates;
5.9.12. Device
				identifiers and serial numbers;
5.9.13. Web universal resource locators
				(URL);
5.9.14. Internet protocols
				(IP) address numbers;
5.9.15.
				Biometric identifiers, including finger and voice prints; and
5.9.16. Full face photographic images and any
				comparable images.