Can I collect health information from participants in Alaska? What are the requirements?

Yes, you can collect health information from participants in Alaska for public health purposes. The Department of Health and Social Services (DHSS) in Alaska may collect identifiable health information for public health purposes, but it must comply with the regulations outlined in 7 AKAC 27.897 and 7 AKAC 27.903 ^[1.1]. DHSS may use identifiable health information collected and maintained by the department under AS 18.05 or AS 18.15 to accomplish the essential public health services and functions for which the information was originally acquired, including maintaining lists and registries of immunizations and conditions of public health importance, conducting epidemiological investigations, providing public health nursing services, and taking emergency actions and legal measures to protect individuals and the general public from adverse effects of diseases or other conditions of public health importance ^[1.2].

However, DHSS may not create a summary or report based on identifiable health information or related medical records for a commercial purpose or any other purpose unrelated to its public health purpose ^[1.1]. DHSS may disclose identifiable health information that it collects, uses, and maintains under AS 18.05 or AS 18.15 in the conduct of public health surveillance, investigation, and intervention during a public health disaster emergency declared by the governor or by the federal government that is related to a contagious disease outbreak when an individual who is the subject of the information provides written consent to the disclosure as set out in 7 AAC 27.896, under all circumstances described in 7 AAC 27.893, and under the circumstances set out in 7 AKAC 27.903. DHSS may also disclose minimum necessary identifiable health information without written consent from an individual in certain circumstances, such as to a federal public health agency, health oversight agency, or law enforcement authority as permitted by federal or state law for the purpose of disease prevention ^[1.1][1.5].

DHSS must permanently destroy, delete, or make nonidentifiable all information and documentation related to identifiable health information when the retention of that information no longer serves a public health purpose. DHSS may retain all reports, summaries, and extracts related to expunged identifiable health information only if the retained material contains only nonidentifiable health information ^[1.3]. Providers of behavioral health services paid for, in whole or in part, by the department must comply with the regulations outlined in 7 AKAC 85.010. Providers seeking to use an electronic information system must include with their request proof that the provider has a signed release from each recipient of services that allows the recipient’s confidential information to be included in the electronic information system and provide the department with a copy of the provider’s policy and procedures dealing with the use and disclosure of protected health information or substance abuse records ^[2.2].

In summary, you can collect health information from participants in Alaska for public health purposes, but you must comply with regulations regarding disclosure and disposal of such information. Providers of behavioral health services must comply with regulations regarding the use and disclosure of protected health information.

Source(s):

• [1.1] Disclosures of nonidentifiable health information.
• [1.2] Authorized uses of identifiable health information.
• [1.3] Disposal of identifiable health information.
• [1.5] Permitted disclosures during a federal- or state-declared public health disaster emergency.
• [2.2] Providers subject to this chapter.

Jurisdiction

Alaska

• Privacy