Can I collect third-party data from participants in Nebraska? What are the requirements?

Collecting Third-Party Data in Nebraska

If you are collecting third-party data in Nebraska, you must comply with the regulations set forth by the Nebraska Department of Health and Human Services. The following documents provide relevant information:

• NEAC 173-09-07: Hospitals may submit data directly to the Department or through a third party acting as their agent. Providers selecting this option are responsible for ensuring that all terms of this chapter are met by the third party.
• NEAC 173-09-10: Other health care facilities may submit electronic health record data to the Department. Such submissions shall conform pursuant to specifications as defined by the Department.

Based on these documents, it appears that collecting third-party data is allowed in Nebraska as long as the third party complies with the regulations set forth by the Department. The third party must ensure that all terms of the relevant chapters are met.

Requirements for Collecting Third-Party Data

The following documents provide relevant information on the requirements for collecting third-party data in Nebraska:

• NEAC 173-09-05: Data exchange must employ industry standard secure message transport protocols and data encryption. Encounter data shall be submitted a minimum of once per day as a batch message file containing the previous day’s acute care encounters and updates.
• NEAC 173-09-04: The data content and format for acute care encounters shall conform to the acute care encounter standard message; the minimum set of acute care data elements is listed in Attachment 1.
• NEAC 173-09-08: To safeguard the health of the citizens of Nebraska, the Director or the Director’s designee may authorize the collection of information as to enable contact with a patient, physician or provider based upon data authorized and submitted under this chapter.
• NEAC 404-06-07: The provider must ensure that locations comply with the codes and regulations of the local jurisdiction and meet the needs of the individuals receiving services in those locations. Residences must have a home-like character.

Based on these documents, the following requirements must be met when collecting third-party data in Nebraska:

• Data exchange must employ industry standard secure message transport protocols and data encryption.
• Encounter data shall be submitted a minimum of once per day as a batch message file containing the previous day’s acute care encounters and updates.
• The data content and format for acute care encounters shall conform to the acute care encounter standard message.
• The minimum set of acute care data elements must be included.
• The Director or the Director’s designee may authorize the collection of information as to enable contact with a patient, physician or provider based upon data authorized and submitted under this chapter.
• Locations must comply with the codes and regulations of the local jurisdiction and meet the needs of the individuals receiving services in those locations.
• Residences must have a home-like character.

Conclusion

Based on the documents reviewed, collecting third-party data in Nebraska is allowed as long as the third party complies with the regulations set forth by the Nebraska Department of Health and Human Services. The third party must ensure that all terms of the relevant chapters are met, and encounter data must be submitted in a specific format and with specific data elements included. Additionally, the Director or the Director’s designee may authorize the collection of information to enable contact with a patient, physician, or provider based on authorized and submitted data.

Jurisdiction

Nebraska

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