DHS 120.31(2)(d)(d) 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.
DHS 120.31(2)(e)(e) 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.
DHS 120.31(3)(3)Release of data.
DHS 120.31(3)(a)(a) 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.
DHS 120.31(3)(b)(b) 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.
DHS 120.31(3)(c)(c) 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).
DHS 120.31(3)(d)(d) 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:
DHS 120.31(3)(d)1.1. The nature of the proposed rerelease.
DHS 120.31(3)(d)2.2. The person and, if applicable, the entity the person is associated with to whom the data is proposed to be released.
DHS 120.31(3)(d)3.3. A statement from the initial purchaser that evidences all of the following:
DHS 120.31(3)(d)3.a.a. 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.
DHS 120.31(3)(d)3.b.b. The initial purchaser’s agreement to distribute the department’s confidentiality and data use agreement to subsequent users of the data.
DHS 120.31(3)(e)(e)
DHS 120.31(3)(e)1.1. 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.
DHS 120.31(3)(e)2.2. 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.
DHS 120.31(3)(f)(f) 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:
DHS 120.31(3)(f)1.1. 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.
DHS 120.31(3)(f)2.2. 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.
DHS 120.31(3)(f)3.3. Rerelease the data to a subsequent user only after following the procedures specified in par. (d).
DHS 120.31(3)(g)(g) 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.
DHS 120.31(3)(h)(h) The department shall not authorize any of the following:
DHS 120.31(3)(h)1.1. A blanket rerelease of any raw data element.
DHS 120.31(3)(h)2.2. Rerelease of confidential data elements unless the initial and subsequent data users meet applicable statutory guidelines for release of confidential elements.
DHS 120.31(3)(i)(i) The department shall maintain a list of all authorized initial and subsequent users of data.
DHS 120.31(3)(j)(j)
DHS 120.31(3)(j)1.1. Persons who acquire data without the department’s permission shall forfeit all future access to department data under this chapter.
DHS 120.31(3)(j)2.2. Persons inappropriately using data covered by this chapter shall be subject to penalties under ch. 153, Stats., and this chapter.
DHS 120.31(3)(k)(k) 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.
DHS 120.31(4)(4)Custom reports.