1. (a) Data Requests - General Information.

   1. (1) The department shall establish procedures for screening all data and information requests to assure that filling the request will not violate the provisions of Health and Safety Code, §108.013(c).
   2. (2) Requests for data files including data on one or more providers are matters of public record and copies of all requests shall be maintained by the department for two years from the date of receipt. The department shall make available on the department's Internet site summary of all requests received for public use data.
   3. (3) Texas State agencies that request data solely for internal use in accordance with Health and Safety Code, §108.012(b) shall abide by the data users agreement.
   4. (4) The data elements specified for discharge reports in §421.9 of this title (relating to Discharge Reports--Records, Data Fields and Codes) or event files in §421.67 of this title (Event Files--Records, Data Fields and Codes) or §421.77 of this title (Event Files--Records, Data Fields and Codes) of this title do not constitute "Provider Quality Data" as discussed in Health and Safety Code, §108.010.

2. (b) Public Use Data File Requests and Releases.

   1. (1) Release of public use data files. The department shall release public use data that has the identities masked relating to health care facilities that are low volume providers to protect the confidentiality and privacy of the patients, physicians and other health professionals.
   2. (2) The department will make available a public use data file on electronic, magnetic or portable data storage media for each quarter as authorized by Health and Safety Code, Chapter 108 and by this section.
   3. (3) The department shall release public use data from health care facilities that have certified the data as required by §421.7 of this (relating to Certification of Discharge Reports), or §421.66 (relating to Certification of Compiled Event Data) or §421.76 of this title (relating to Certification of Compiled Event Data) of this title. A health care facility's failure to execute the certification form by the dates specified in §421.7(d) or §421.66(d) or §421.76 of this title, or elects to not certify the discharge encounter data shall not prevent the department from releasing the hospital's data if the department believes the data submitted is reasonably accurate and complete. The department may suppress for any quarter's data one or more data elements if deemed necessary to comply with provisions of the statutes. If an element is ordered suppressed by a judicial authority, the department may suppress the element.
   4. (4) If additional discharge claims (not previously submitted as specified in §421.6(c)(4) of this title (relating to Acceptance of Discharge Reports and Correction of Errors) or §421.65(b)(4) of this title (relating to Acceptance of Event Files and Correction of Data Content Errors) or §421.75 of this title (relating to Acceptance of Event Files and Correction of Data Content Errors) of this title, excluding replacement, adjustments and void/cancel discharge claims become available after the initial release of the public use data file for any quarter, the department will add the discharge claims, that are received on or prior to the date specified in §421.3(a)(1) of this title (relating to Schedule for Filing Discharge Reports) or §421.63(a)(1) - (4) of this title (relating to Schedule for Filing Event Files) or §421.73 of this title (relating to Schedule for Filing Event Files) of this title of the following quarter, to the public use data file and make the additional records available to the public.
   5. (5) A public use data file which is disseminated to a requestor shall not be considered a report issued by department as referenced in Health and Safety Code, §108.011(f), and requires no additional opportunity for the facility to review or comment on the data.
   6. (6) With any public use data file prepared by the department, the department shall attach all comments submitted by providers, which relate to any data included in the file. The department shall make these comments available at the department offices and on the department's Internet site.

3. (c) Research Data File Requests and Releases - A research data file may be released provided the following criteria are met:

   1. (1) the department's Hospital Discharge Data Research Data File Request Form, or Outpatient Research Data File Request Form, or Emergency Department Research Data File Request Form is completed and submitted to the department;
   2. (2) the department's Institutional Review Board reviews the research request and has determined the proposed research outcome can be achieved with the requested data;
   3. (3) the Institutional Review Board and department's Executive Steering Committee grants authorization to the request or restricts access to specified data elements determined to be inappropriate for the research proposal in accordance with §421.46 of this title (relating to Institutional Review Board);
   4. (4) the requestor agrees to dispose of the research data using authorized methods by the established end date stated on the written data release agreement;
   5. (5) the requestor has signed a written data release agreement; and
   6. (6) the requestor has made payment according to §421.47 of this title (relating to Data Fees).

Source Note:The provisions of this §421.45 adopted to be effective July 5, 2017, 42 TexReg 3373.