Patient's employment status and occurrence and place of an auto or other accident.
Date of patient's first symptom of current illness, injury or pregnancy.
For information submitted by health care providers who are not hospitals or ambulatory surgery centers, patient-identifiable data means all of the following elements:
Whether the patient's condition is related to employment, and the occurrence and place of an auto accident or other accident.
Date of first symptom of current illness, of current injury or of current pregnancy.
Dates that the patient has been unable to work in his or her current occupation.
(5) Additional methods for ensuring confidentiality of data. DHS 120.30(5)(a)(a)
In this subsection, "small number" means any number that is not large enough to be statistically significant, as determined by the department.
Requests for customized data from the physician office data collection including data elements other than those available in public use files require the approval of the independent review board, except in cases where the custom request has been previously authorized in administrative rule or in policies approved by the independent review board.
To ensure that the identity of patients is protected when information generated by the department is released, the department shall do all of the following:
Aggregate any data element category containing small numbers that would allow identification of an individual patient using procedures developed by the department and approved by the board. The procedures shall follow commonly accepted statistical methodology.
DHS 120.30 Note
Note: Typical techniques for recoding data from individual values to category values include replacing individual ages with 5-year age groups.
Combining years of data to assure that breakdowns of information adequately protect against identification.
DHS 120.30 History
Cr. Register, December, 2000, No. 540
, eff. 1-1-01.
"Calculated variable" means a data element that is computed or derived from an original data item or derived using another data source.
"Release raw patient data" means to show, lend or give the raw patient data, or any subset thereof, to another person.
The department and the board shall work with the independent review board created under s. 153.67
, Stats., to establish policies and procedures applicable to processing requests for the release of physician office visit custom databases and custom analyses compiled by the department under this section. The IRB shall review any request under s. 153.45 (1) (c)
, Stats., for data elements other than those available for public use data files under s. 153.45 (1) (b)
, Stats. Unless the IRB approves a data request or unless IRB approval is not required under the rules, the department may not release the data elements.
Calculated variables added to the public use physician office databases do not require approval by the IRB before the department releases them.
The independent review board shall establish acceptable custom requests for physician office data or analyses that will not require repeated re-authorizations by the IRB.
The independent review board shall meet as often as necessary to review policies and requests for custom data or custom analyses of the physician office data.
Notwithstanding s. 15.01 (1r)
, Stats., the independent review board may promulgate only those rules that are first reviewed and approved by the board on health care information.
The department may release health care provider-specific data to health care providers to whom the information relates. The department may not release any health care information prior to its review, verification and comment upon by those submitting the data in accordance with procedures described under subch. III
The department shall provide to other entities the data necessary to fulfill their statutory mandates for epidemiological purposes or to minimize the duplicate collection of similar data elements.
The department may release health care provider-specific data found in hospital and freestanding ambulatory surgery center databases to requesters when data review, verification and comment procedures have been followed under s. DHS 120.11 (4)
Before rereleasing any raw patient data element to subsequent users under this section, initial data purchasers shall receive written department approval for the initial purchaser's rerelease of data. Each initial purchaser request shall be submitted to the department in writing and shall contain all of the following information:
The person and, if applicable, the entity the person is associated with to whom the data is proposed to be released.
A statement from the initial purchaser that evidences all of the following:
The initial purchaser's understanding that the individual data elements cannot be rereleased until the initial purchaser receives written authorization to do so from the department.
The initial purchaser's agreement to distribute the department's confidentiality and data use agreement to subsequent users of the data.
Upon receipt of an initial purchaser's request to rerelease any raw data element to subsequent users containing all of the information in par. (d)
, the department shall review the request and determine whether to permit the rerelease. Prior to departmental approval of the rerelease, the department must have also received a signed and notarized data use agreement form from the subsequent user. If the department approves the rerelease, the department shall send a letter authorizing rerelease to the requesting initial purchaser. The department shall also send a copy of the letter to the proposed subsequent user.
The department shall include a copy of the pertinent sections of ch. 153, Stats.
, and this chapter that prohibit the rerelease of any raw data element without department permission and that indicate the penalty for noncompliance with ch. 153, Stats.
, and this chapter.
Under no circumstances other than those specified in this paragraph may an individual obtain, use or release raw patient data. An initial data purchaser may do any of the following:
Release the raw patient data to a staff person under his or her direct supervision without requiring the recipient to file a separate data use agreement.
Release the raw patient data to another individual who works in the same organization, provided that the recipient also completes and returns to the department a data use agreement.
Rerelease the data to a subsequent user only after following the procedures specified in par. (d)
If the department denies a request for rerelease of any raw data element, the department shall provide written notification of the denial and the department's reason for the denial to the person making the request.
Rerelease of confidential data elements unless the initial and subsequent data users meet applicable statutory guidelines for release of confidential elements.
The department shall maintain a list of all authorized initial and subsequent users of data.
Persons who acquire data without the department's permission shall forfeit all future access to department data under this chapter.
Persons inappropriately using data covered by this chapter shall be subject to penalties under ch. 153, Stats.
, and this chapter.
The department may not sell or distribute databases of information from health care providers who are not hospitals or ambulatory surgery centers that are able to be linked with public use data files unless first approved by the independent review board.
The department may review and approve specific requests for custom-designed reports and do any of the following:
Release custom-designed reports, including those that identify individual health care providers, from the hospital and free-standing ambulatory surgery databases. If the department receives a request for release of data from a provider other than a hospital or freestanding ambulatory surgery center in the development of a custom-designed report, the department shall seek approval for the release of the data from the independent review board unless similar requests have been previously authorized by the IRB under sub. (2) (c)
or unless the data are contained in the public use data file.
Release health care provider-specific risk-adjusted and unadjusted data from the hospital and freestanding ambulatory surgery center patient databases used to prepare custom reports as long as individual patients are not identifiable and when data review, verification and comment procedures have been followed under ss. DHS 120.12 (5) (d)
and (6) (e)
and 120.13 (4)
Requesting custom datasets containing only public-use data elements. DHS 120.31(4)(b)1.1.
Persons requesting custom datasets containing only public-use data from the department shall define the elements needed in the dataset.
If the department approves the request, the requester shall either complete, sign and notarize a department data use agreement form or have a current signed and notarized department data use form filed with the department.
If the department denies the request, the department shall notify the requester in writing of the reason for the denial.