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Can I collect third-party data from participants in Kentucky? What are the requirements?
Requirements for Collecting Third-Party Data in Kentucky
To collect third-party data from participants in Kentucky, you must adhere to the confidentiality requirements established in 900 KYAR 7:040 Section 4(2)[1.4]. This means that you must sign an Agreement for Use of Kentucky Health Claims Data and agree not to redistribute or sell the data in its original format or as a subset or aggregate product of the data. Additionally, you must obtain approval from the custodial agency prior to distributing the data received from the cabinet.
Furthermore, data collected pursuant to 900 KYAR 7:030 Section 3(1) and (2)[1.5] can only be used for the purpose of health statistical reporting and analysis or as specified in the user’s written request for the data.
It is important to note that providers failing to meet quarterly submission guidelines as established in Sections 6 and 7 of 900 KYAR 7:030[1.6] may be assessed a fine of $500 per violation, and fines during a calendar year shall not exceed $1,500 per provider.
Availability of Third-Party Data in Kentucky
The Kentucky Inpatient and Outpatient Data Coordinator’s Manual for Hospitals[1.2] and the Kentucky Data Coordinator’s Manual for Ambulatory Facilities[1.2] are incorporated by reference in 900 KYAR 7:030 Section 14(1)[1.2]. These materials may be inspected, copied, or obtained at the Cabinet for Health and Family Services, subject to applicable copyright law.
The Kentucky Birth Surveillance Registry[3.1] also collects data on congenital anomalies, stillbirths, and high-risk conditions. However, this registry is specific to birth-related data and may not be relevant to all third-party data collection efforts.
Therefore, to collect third-party data from participants in Kentucky, you must sign an Agreement for Use of Kentucky Health Claims Data, adhere to confidentiality requirements, and obtain approval from the custodial agency prior to distributing the data.
Source(s):
- [1.2] Section 14.
- [1.4] Section 4.
- [1.5] Section 3.
- [3.1] Kentucky Birth Surveillance Registry. [Current]
- [1.6] Section 8.
Jurisdiction
Kentucky