Or. Admin. Code § 409-021-0010 - Definitions
As used in this division:
(1) "Computer" means a desktop personal
computer physically located in the Office.
(2) "Data use agreement" means the terms,
conditions, restrictions, and other rules governing the use of health data as
specified in Form D-1 (Research Data Request) and in Form D-3 (OHPR Data Use
Agreement).
(3) "Electronic media"
means the consumer media commonly used to store and transport up to 4.7 GB of
data. This includes, but is not limited to, floppy diskettes, CDs, DVDs, and
other forms of removable storage media.
(4) "Format" means the way health data
appears in a display, on electronic media, on printed copy, or in output or
data files produced by the Office's computer software.
(5) "Health data" means an electronic or
printed copy of a document, book, paper, file, or other materials, regardless
of mode received, that is filed or maintained in pursuit of law or in
connection with the transaction of public business. Health data reported to the
Office from hospitals and other health care facilities may include information
that is protected health information when it is maintained at the hospital or
health care facility. The Office obtains such information because it is
required by law, and because the Office acts in the capacity of a health
oversight agency. The Office is not a covered entity or a business associate of
a covered entity. Health data may include, but is not limited to:
(a) The socioeconomic and demographic
characteristics of a population;
(b) The incidence of specific diseases or
injuries;
(c) The severity of the
diseases and injuries;
(d) The
supply of health care services;
(e)
Characteristics of the health care providers;
(f) The utilization of health care services;
or
(g) Determining the need for
health care services.
(6) "HIPAA" means the federal Health
Insurance Portability and Accountability Act of 1996 and the regulations
published Title 45, Parts 160 and 164, of the Code of Federal
Regulations.
(7) "Office" means the
Office for Oregon Health Policy and Research.
(8) "Person" means any natural person,
corporation, partnership, firm, association or member or committee of the
Legislative Assembly.
(9) "Public
use health data file" means an aggregation of health data without personal
identifiers that are publicly available for download, available through
electronic mail, or available for delivery on electronic media, and at the
Office's discretion may require an approved data use agreement.
(10) "Requestor" means the person who:
(a) Requests to inspect health data as
provided in OAR 409-021-0120.
(b) Requests one or more copies of one or
more public use health data files as provided in OAR
409-021-0130.
(c) Requests one or more copies of one or
more limited health data sets as provided in OAR
409-021-0140.
(11) "Restricted health data set" means
health data, other than routinely available public use data files, provided
exclusively for purposes that are specified in an approved data use agreement.
Limited data sets as defined by HIPAA shall be considered restricted health
data sets.
(12) "Software" means a
proprietary package of written programming language that instructs a computer
to perform certain tasks.
(13)
"Staff time" means the total time required by staff to complete a data request
starting from initial contact to final contact with requestor, including
searching for information, summarizing, duplicating, accessing the data, or any
other time required by staff to complete the request.
(14) "State" means the State of
Oregon.
Notes
Stat. Auth.: ORS 192.440 & 442.420(3)(d)
Stats. Implemented: ORS 192.410 - 192.440 & 442.420(3)(d)
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.