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Can I collect health information from participants in South Carolina? What are the requirements?
Collecting Health Information from Participants in South Carolina
To collect health information from participants in South Carolina, you must comply with the regulations set forth by the Data Oversight Council through Principles and Protocol for the Release of Health Care Data [1.1]. The Data Oversight Council specifies the data elements to be reported, taking into consideration all applicable federal and state laws and regulations. Ambulatory encounter level data for all outpatients shall be coded in accordance with the specifications promulgated by the Secretary of the Department of Health and Human Services for the United States of America in accordance with the authority to designate health care codes and transactions under the Health Insurance Accountability and Portability Law of 1996 (HIPAA), as well as under the specifications of the Director of the Centers for Medicare and Medicaid Services and as specified in Medically Indigent Assistance Act for the State of South Carolina [1.1].
Additionally, health care providers are required to report ambulatory encounter level data to the Office of Research and Statistics [1.3]. The data collected under these regulations are subject to the confidentiality provisions of Section 44-6-170, as amended, Code of Laws of South Carolina, 1976, and in Final Regulations, State Budget and Control Board, Chapter 19, Statutory Authority: 1976 Code Section 44-6-170, Article 11, ‘‘Data Release For Medical Encounter Data & Financial Reports.’’ [1.2].
It is important to note that medical records are closed to the public by law, except for names and amounts of assistance received by clients, which have been determined to be public information [4.1]. Information from case records of clients or former clients of the agency will be released only to the extent considered necessary to the accomplishment of the legitimate purposes for which the information is requested [4.1].
Requirements for Collecting Health Information from Participants in South Carolina
To collect health information from participants in South Carolina, you must comply with the regulations set forth by the Data Oversight Council through Principles and Protocol for the Release of Health Care Data [1.1]. Additionally, health care providers are required to report ambulatory encounter level data to the Office of Research and Statistics [1.3]. The data collected under these regulations are subject to the confidentiality provisions of Section 44-6-170, as amended, Code of Laws of South Carolina, 1976, and in Final Regulations, State Budget and Control Board, Chapter 19, Statutory Authority: 1976 Code Section 44-6-170, Article 11, ‘‘Data Release For Medical Encounter Data & Financial Reports.’’ [1.2].
Therefore, to collect health information from participants in South Carolina, you must ensure that any release of health information is in compliance with the regulations set forth in Principles and Protocol for the Release of Health Care Data [1.1] and that any reporting of ambulatory encounter level data is in compliance with the regulations set forth in Health Care Providers Required to Report Ambulatory Encounter Level Data to the Office of Research and Statistics [1.3].
Source(s):
- [1.1] Medical Record Extract Information.
- [1.2] Confidentiality of Patient and Health Care Provider Identities.
- [4.1] Release of Information and Records.
- [1.3] Health Care Providers Required to Report Ambulatory Encounter Level Data to the Office of Research and Statistics.
Jurisdiction
South Carolina