Fla. Admin. Code Ann. R. 59B-9.039 - Patient Data Release
(1) Agency records,
public records under Chapter 119, F.S., (Florida's Public Records Law), are
available for public inspection during normal business hours. Copies of such
records may be obtained upon request and upon payment of the cost of
copying.
(2) Patient-specific
records collected by the Agency pursuant to Rules
59B-9.030 through
59B-9.039. F.A.C., are exempt
from disclosure pursuant to Section
408.061(7),
F.S., and shall not be released unless modified to protect patient
confidentiality as described in paragraph (2)(a), below, and released in the
manner described in paragraphs (2)(c) and (2)(d).
(a) The patient-specific record shall be
modified to protect patient confidentiality as follows:
|
1. Patient Control Number |
Delete |
|
2. Patient Social Security Number |
Delete |
|
3. Patient Birth Date |
Substitute Age in years and an indicator of Age <29 Days except for persons 100 and older, substitute Age > 100 years |
|
4. Visit Date |
Substitute Quarter Indicator (1-4) (visit month cannot be substituted) |
|
5. Medical or Health Record Number |
Delete |
(b) A
record linkage number shall be assigned which does not identify an individual
patient and cannot reasonably be used to identify individual patients through
use of data available through the Agency, but which can be used for
confidential data output for bonafide research purposes.
(c) The modified data records described in
paragraph (2)(a), shall be released as a set of all records occurring in one
calendar quarterly period based on date of visit.
(d) The modified data described in paragraph
(2)(a), shall be released in accordance with the Limited Data Set requirements
of the federal Health Insurance Portability and Accountability Act and shall be
made available on or after quarterly data has been certified as accurate by the
facility as required by Section
408.061(1)(a),
F.S.
(3) Aggregate reports
derived from patient-specific records collected pursuant to Rules
59B-9.030 through
59B-9.038, F.A.C., are public
records and shall be released as described in subsection (1), of this rule,
provided the aggregate reports do not include patient control number, patient
birth date, visit date, patient social security number, medical or health
record number or provided the aggregate reports contain the combination of five
or more records for any data disclosed.
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