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

To collect health information from participants in Louisiana, you must comply with the requirements set forth in LARS § 40.1173.3. The Louisiana Department of Health, through the office of public health and in consultation with the Health Data Panel, has the power and duty to identify and define the healthcare cost, quality, and performance data elements to be reported to the department in accordance with existing national and international data standards for facilitating meaningful comparison by consumers of costs for specific healthcare services and specific quality of care measures between and among medical facilities, healthcare providers, and health plans. The department must also develop standards of accuracy, quality, timeliness, economy, and efficiency for the provision of data, identify the most practical methods to collect, transmit, and share required healthcare data, and ensure confidentiality of patients by enforcing appropriate rules and regulations at least as stringent as those regulations applicable to covered entities promulgated under HIPAA privacy regulations, 45 CFR Part 164 [1.1].

In addition, Louisiana has specific regulations regarding the treatment of protected health information. For both emergency preparedness training activities and actual public health emergency events, the health care provider shall upload patient protected health information (PHI) to the Louisiana AtRisk Registry. Access to PHI on the Louisiana AtRisk Registry shall be limited to specific entities, including the Louisiana Department of Health, enrolled hospitals, and enrolled hospice and home health agencies [2.1][3.1].

Furthermore, the Health Care Information Technology and Infrastructure Collaborative advises the secretary of the Louisiana Department of Health on strategies for the advancement of the use of electronic health information technology. The collaborative identifies state laws and regulations that impede such advancement and provides recommendations for improvement [1.2].

Therefore, to collect health information from participants in Louisiana, you must comply with the requirements set forth in LARS § 40.1173.3 and work with the Louisiana Department of Health and the Health Data Panel to ensure compliance with all applicable regulations. Additionally, you must follow the regulations regarding the treatment of protected health information and consider the recommendations of the Health Care Information Technology and Infrastructure Collaborative.

Source(s):
Jurisdiction

Louisiana