§ 131E-214.4. Statewide data processor. - North Carolina Statutes

§ 131E‑214.4. Statewide data processor.

(a)        A statewide data processor shall perform the followingduties:

(1)        Make available annually to the Division, at no charge, areport that includes a comparison of the 35 most frequently reported charges ofhospitals and freestanding ambulatory surgical facilities. The report is apublic record and shall be made available to the public in accordance withChapter 132 of the General Statutes. Publication or broadcast by the news mediashall not constitute a resale or use of the data for commercial purposes.

(2)        Receive patient data from hospitals and freestandingambulatory surgical facilities throughout this State.

(3)        Compile and maintain a uniform set of data from the patientdata submitted.

(4)        Analyze the patient data.

(5)        Compile reports from the patient data and make the reportsavailable upon request to interested persons at a reasonable charge determinedby the data processor.

(6)        Ensure that adequate measures are taken to provide systemsecurity for all data and information received from hospitals and freestandingambulatory surgical facilities pursuant to this Article.

(7)        Protect the confidentiality of patient records and complywith applicable laws and regulations concerning patient confidentiality,including the confidentiality of patient‑identifying information. Thedata processor shall not disclose patient‑identifying information unless(i) the information was originally submitted by the party requesting disclosureor (ii) the State Health Director requests specific individual records for thepurpose of protecting and promoting the public health under Chapter 130A of theGeneral Statutes, and the disclosure is not otherwise prohibited by federal lawor regulation. Such records shall be made available to the State HealthDirector at a reasonable charge. Such records made available to the StateHealth Director are not public records; the State Health Director shallmaintain their confidentiality and shall not make the records availablenotwithstanding G.S. 130A‑374(a)(2).

(b)        The Department of Health and Human Services may take adverseaction against a hospital under G.S. 131E‑78 or G.S. 122C‑24 oragainst a freestanding ambulatory surgical center under G.S. 131E‑148 fora violation of this Article. (1995, c. 517, s. 39(b); 1997‑443, s. 11A.118(a).)