WAC 246-455-085. Data files — Release of data files and data use agreements

(1) The department may create and release data files with patient discharge information as allowed under RCW 43.70.052 and this chapter. The type of information contained in the file, including direct and indirect patient identifiers, determines the category and permitted release of the data file. (2) The department may aggregate data from patient discharge information, and may release such aggregated data with either direct patient identifiers or indirect patient identifiers, or both, in accordance with RCW 43.70.052 and this chapter. (3) In order to maintain the confidentiality of patient discharge data, for individual requests for data the department in its discretion may designate any of the patient discharge data collected under RCW 43.70.052 and this chapter as either a direct patient identifier or an indirect patient identifier in addition to the elements already designated by the department in subsection (6) of this section. (4) The department may distribute a data file with direct patient identifiers only to: (a) Government agencies after entering into a data use agreement; or (b) Researchers with approval from the Washington state institutional review board and a signed confidentiality agreement with the department. (5) The department may distribute a data file that contains indirect patient identifiers only to agencies, researchers, and other persons upon receipt of a signed data use agreement with the department. (6) Direct and indirect patient identifiers are as follows: Patient Discharge Data Element Direct or Indirect Patient Identifier Patient control number Direct Patient medical record number Direct Patient first name Direct Patient middle initial Direct Patient last name Direct Patient Social Security number Direct Patient address Direct Patient city Indirect Patient county Indirect Patient zip code and four digits Direct Patient zip code (five digits only) Indirect Patient state Indirect Patient country code Indirect Patient's date of birth (month, day, year) Direct Age in years Indirect Sex assigned at birth Indirect Race Indirect Ethnicity Indirect Gender identity Indirect Sexual orientation Indirect Preferred language Indirect Disability Indirect Admission date (month, day, year) Direct Admission hour Indirect Type of admission Indirect Point of origin for admission Indirect Patient discharge status Indirect Discharge hour Indirect Statement covers period (from... through...) Direct Type of bill Indirect Revenue code Indirect Units of service Indirect Total charges Indirect Payer identification Indirect Principal diagnosis code Indirect Other diagnosis code Indirect External cause of injury code Indirect Principal procedure code Indirect Other procedure code Indirect Admitting diagnosis code Indirect Patient's reason for visit ICD code (1-3) Indirect Procedure date (month, day, year) Direct Present on admission status Indirect Service date (month, day, year) Direct Insured last name, first name, middle name, suffix Direct Patient's relationship to insured (code) Indirect Insured ID Direct Facility federal tax number Indirect National Provider Identifier for provider(s) Indirect First and last name of provider(s) Indirect Health care provider taxonomy code Indirect Health care common procedure coding system Indirect Patient Discharge Data Element Direct or Indirect Patient Identifier Patient control number Direct Patient medical record number Direct Patient first name Direct Patient middle initial Direct Patient last name Direct Patient Social Security number Direct Patient address Direct Patient city Indirect Patient county Indirect Patient zip code and four digits Direct Patient zip code (five digits only) Indirect Patient state Indirect Patient country code Indirect Patient's date of birth (month, day, year) Direct Age in years Indirect Sex assigned at birth Indirect Race Indirect Ethnicity Indirect Gender identity Indirect Sexual orientation Indirect Preferred language Indirect Disability Indirect Admission date (month, day, year) Direct Admission hour Indirect Type of admission Indirect Point of origin for admission Indirect Patient discharge status Indirect Discharge hour Indirect Statement covers period (from... through...) Direct Type of bill Indirect Revenue code Indirect Units of service Indirect Total charges Indirect Payer identification Indirect Principal diagnosis code Indirect Other diagnosis code Indirect External cause of injury code Indirect Principal procedure code Indirect Other procedure code Indirect Admitting diagnosis code Indirect Patient's reason for visit ICD code (1-3) Indirect Procedure date (month, day, year) Direct Present on admission status Indirect Service date (month, day, year) Direct Insured last name, first name, middle name, suffix Direct Patient's relationship to insured (code) Indirect Insured ID Direct Facility federal tax number Indirect National Provider Identifier for provider(s) Indirect First and last name of provider(s) Indirect Health care provider taxonomy code Indirect Health care common procedure coding system Indirect (7) In order to comply with 42 U.S.C. Sec. 290dd-2 and 42 C.F.R. Part 2, for any hospitalization that includes substance abuse disorder related diagnosis or procedure codes or any diagnosis related groups or major diagnosis category to the extent collected by the department, the department will remove substance abuse disorder related diagnosis or procedure codes or any diagnosis related groups or major diagnosis category from the direct patient identifier data file. (8) Information and records related to mental health services will be disclosed consistent with both RCW 43.70.052 and chapter 70.02 RCW. (9) In order to comply with WAC 246-490-110 protecting the identity of facilities that provide abortions, for any hospitalization that includes a diagnosis or procedure code indicating an induced termination of pregnancy, the data file with direct patient identifiers will not include patient name, facility ID, provider identifiers, or geographic identifiers less than state. (10) The department may provide the fewest data elements necessary for the stated purpose of the project. (11) The department may release an unrestricted public data file that does not contain direct or indirect patient identifiers to anyone. The department may create a public file by: (a) Removing all data elements designated as indirect in subsection (6) of this section; or (b) Aggregating or anonymizing data designated as indirect in subsection (6) of this section so that each combination of indirect patient identifiers remaining in the public file must appear at least 10 times; and (c) Removing all data elements designated as direct in subsection (6) of this section.