1-43-16. Data collection--Availability to public.

Any statistical summary of data collected under the provisions of §§ 1-43-11 to 1-43-17, inclusive, shall be available to the public, but may not be sold by the Department of Health or any agent under contract or agreement with the department pursuant to § 1-43-12. Any data released shall be presented in such a statistical manner that no person, who represents a case contained in the cancer data collection system, may be identified.

Source: SL 1991, ch 18, § 6; SL 1992, ch 20, § 1.

1-43-17. Good faith reporting--Immunity from liability.

Good faith reporting or disclosure pursuant to §§ 1-43-11 to 1-43-16, inclusive, does not constitute a libel or slander or violation of the right of privacy or privileged communication. Any person who in good faith complies with the reporting requirements of §§ 1-43-11 to 1-43-16, inclusive, or any request that may be made by the Department of Health pursuant to §§ 1-43-11 to 1-43-16, inclusive, is immune from civil and criminal liability for such action taken in compliance with the provisions of §§ 1-43-11 to 1-43-16, inclusive.

Source: SL 1991, ch 18, § 7.

1-43-18. Transmittal of nonresident cancer diagnoses to national cancer registries.

The Department of Health, by agreement, may transmit transcripts or copies of reports of cancer diagnoses to state or national cancer registries if the reports relate to residents of other states or countries. The agreement shall require that the transcripts or records be used under the terms provided in §§ 1-43-11 to 1-43-17, inclusive.

Source: SL 1992, ch 20, § 2.

1-43-19. Comprehensive health data system established--Purpose.

The Department of Health shall coordinate the establishment and maintain oversight of a comprehensive health data system for the purposes of:

(1)    Health care planning, policy development, policy evaluation, and research by federal, state, and local governments;

(2)    Monitoring payments for health services by the federal and state governments;

(3)    Assessing and improving the quality of health care;

(4)    Measuring and optimizing access to health care;

(5)    Supporting public health functions and objectives;

(6)    Improving the ability of health plans, health care providers, and consumers to coordinate, improve, and make choices about health care; and

(7)    Monitoring costs at provider and plan levels.

Source: SL 1993, ch 23, § 1; SL 1994, ch 24, § 1.

1-43-20. Public or private entities allowed to implement and maintain health care data system.

In establishing a health care data system pursuant to § 1-43-19, the Department of Health may by contract or agreement authorize any person or any public or private entity or any combination of persons or entities to implement and maintain any portion of the health care data system.

Source: SL 1993, ch 23, § 2.

1-43-21. Promulgation of rules for establishment, maintenance and use of health care data system.

The Department of Health shall promulgate rules pursuant to chapter 1-26 to provide for the establishment, maintenance, and use of a health care data system pursuant to §§ 1-43-19 and 1-43-20. The rules shall include:

(1)    A listing of specific data elements to be reported;

(2)    Criteria for authorizing persons or entities to undertake health care data collection;

(3)    Criteria and procedures for maintaining confidentiality; and

(4)    Procedures and requirements governing the structure and objectives of the health care data system and the reporting, collections, analysis, quality assurance, and dissemination of data and information related to the health care data system.

Source: SL 1993, ch 23, § 3.