| (a) Data Requests - General Information.
(1) DSHS shall establish procedures for screening all
data and information requests to assure that filling the request will
not violate the provisions of Health and Safety Code, §108.013(c).
(2) Requests for data files including data on one or
more providers are matters of public record and copies of all requests
shall be maintained by DSHS for two years from the date of receipt.
DSHS shall make available on DSHS' website summary of all requests
received for public use data.
(3) Texas State agencies that request data solely for
internal use in accordance with Health and Safety Code, §108.012(b)
shall abide by the data users' agreement.
(4) The data elements specified for discharge reports
in §421.9 of this title (relating to Discharge Reports--Records,
Data Fields and Codes) or event files in §421.67 of this title
(Event Files--Records, Data Fields and Codes) or §421.77 of this
title (Event Files--Records, Data Fields and Codes) do not constitute
"Provider Quality Data" as discussed in Health and Safety Code, §108.010.
(b) Public Use Data File Requests and Releases.
(1) Release of public use data files. DSHS shall release
public use data that has the identities masked relating to health
care facilities that are low volume providers to protect the confidentiality
and privacy of the patients, physicians and other health professionals.
(2) DSHS will make available a public use data file
on electronic, magnetic or portable data storage media for each quarter
as authorized by Health and Safety Code, Chapter 108 and by this section.
(3) DSHS shall release public use data from health
care facilities that have certified the data as required by §421.7
of this title (relating to Certification of Discharge Reports), or §421.66
(relating to Certification of Compiled Event Data) or §421.76
of this title (relating to Certification of Compiled Event Data) of
this title. A health care facility's failure to execute the certification
form by the dates specified in §421.7(d) or §421.66(d) or §421.76
of this title, or elects to not certify the discharge encounter data
shall not prevent DSHS from releasing the hospital's data if DSHS
believes the data submitted is reasonably accurate and complete. DSHS
may suppress for any quarter's data one or more data elements if deemed
necessary to comply with provisions of the statutes. If an element
is ordered suppressed by a judicial authority, DSHS may suppress the
element.
(4) If additional discharge claims (not previously
submitted as specified in §421.6(c)(4) of this title (relating
to Acceptance of Discharge Reports and Correction of Errors) or §421.65(b)(4)
of this title (relating to Acceptance of Event Files and Correction
of Data Content Errors) or §421.75 of this title (relating to
Acceptance of Event Files and Correction of Data Content Errors) of
this title, excluding replacement, adjustments and void/cancel discharge
claims become available after the initial release of the public use
data file for any quarter, DSHS will add the discharge claims, that
are received on or prior to the date specified in §421.3(a)(1)
of this title (relating to Schedule for Filing Discharge Reports)
or §421.63(a)(1) - (4) of this title (relating to Schedule for
Filing Event Files) or §421.73 of this title (relating to Schedule
for Filing Event Files) of this title of the following quarter, to
the public use data file and make the additional records available
to the public.
(5) A public use data file which is disseminated to
a requestor shall not be considered a report issued by DSHS as referenced
in Health and Safety Code, §108.011(f), and requires no additional
opportunity for the facility to review or comment on the data.
(6) With any public use data file prepared by DSHS,
DSHS shall attach all comments submitted by providers, which relate
to any data included in the file. DSHS shall make these comments available
at DSHS offices and on DSHS' website.
(c) Research Data File Requests and Releases - A research
data file may be released provided the following criteria are met:
(1) DSHS' Hospital Discharge Data Research Data File
Request Form, or Outpatient Research Data File Request Form, or Emergency
Department Research Data File Request Form is completed and submitted
to DSHS;
(2) DSHS' Institutional Review Board reviews the research
request and has determined the proposed research outcome can be achieved
with the requested data;
(3) the Institutional Review Board and DSHS' Executive
Steering Committee grant authorization to the request or restrict
access to specified data elements determined to be inappropriate for
the research proposal in accordance with §421.46 of this title
(relating to Institutional Review Board);
(4) the requestor agrees to dispose of the research
data using authorized methods by the established end date stated on
the written data release agreement;
(5) the requestor has signed a written data release
agreement; and
(6) the requestor has made payment according to §421.47
of this title (relating to Data Fees).
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