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Can I collect health information from participants in Pennsylvania? What are the requirements?
Based on the documents provided, there are several regulations in Pennsylvania that govern the collection of health information. Here are the requirements you need to consider:
Collection of Health Information in Pennsylvania
- Providers must submit certain information annually to the Council, including a listing of physicians on staff, Medicare assignment, Medical Assistance participation, and accreditation, certification, and licensure information [1.1].
- Medical examinations are required for students entering school, in grade six, and in grade 11. The examinations must be conducted carefully and in sufficient detail to command medical respect and to provide an educational experience for the child and their parents. The results of vision and hearing screening tests must be available to the physician at the time of the examination. School districts and joint school boards must maintain comprehensive medical and dental records of each individual child [2.1][2.2].
- A licensee may not disclose nonpublic personal health information about a consumer unless an authorization is obtained from the consumer whose nonpublic personal health information is sought to be disclosed. However, there are exceptions to this rule, such as when the disclosure is necessary for the performance of insurance functions [3.1].
- Hospitals, health care facilities, third-party payors, and other data sources have access to Council data following the same procedures for access and under the same conditions of confidentiality protections as other requesters [1.2].
- A valid authorization to disclose nonpublic personal health information shall be in written or electronic form and shall contain the identity of the consumer who is the subject of the nonpublic personal health information, a general description of the types of nonpublic personal health information to be disclosed, general descriptions of the parties to whom the licensee discloses nonpublic personal health information, the purpose of the disclosure, and how the information will be used. The authorization must also include the signature of the consumer who is the subject of the nonpublic personal health information or the individual who is legally empowered to grant authority and the date signed. An authorization for the purposes of disclosing nonpublic personal health information shall specify a length of time for which the authorization shall remain valid, which may not be for more than 24 months. A consumer who is the subject of nonpublic personal health information may revoke an authorization provided under this subchapter at any time, subject to the rights of an individual or licensee who acted in reliance on the authorization prior to notice of the revocation. A licensee shall retain the authorization and a revocation of the authorization, or copies thereof, for 6 years in the record of the individual who is the subject of nonpublic personal health information [3.1][3.2].
- Permits are required from the Department of Environmental Protection prior to any discharge to the waters of Pennsylvania. No provision is made in the Clean Streams Law for issuing permits by local health departments. However, county health departments are authorized to issue permits for onlot sewage disposal systems under the Pennsylvania Sewage Facilities Act [4.1].
- Information obtained in connection with the administration of maternal and child health and programs for crippled children, including child health centers, maternity clinics, and clinics for crippled children conducted by the Department of Health shall be held confidential and be considered privileged communications, and may not be divulged without the consent of the individual or parent, except as may be necessary to provide services to individual mothers and children [5.1].
- Local health departments are required to attend no more than four meetings per year. The Secretary of the Department of Environmental Protection or their designee will call the meetings. The requirements of this section shall apply to the meetings referred to in various sections of the Pennsylvania Code [4.2].
Based on the documents provided, it appears that there are several regulations in Pennsylvania that govern the collection of health information. However, the specific requirements for collecting health information from participants are not clear from the context provided. If you need more specific information, please provide additional details about the type of health information you are collecting and the context in which it will be collected.
Source(s):
- [1.1] Provider information.
- [2.1] Medical examinations.
- [2.2] Maintenance of medical and dental records.
- [3.1] Authorization required for disclosure of nonpublic personal health information.
- [1.2] Procedure for access to Council data by data sources.
- [3.2] Authorizations.
- [4.1] Permits.
- [5.1] Material considered confidential.
- [4.2] Meetings.
Jurisdiction
Pennsylvania