Section 120.29. Public use files.

 

(1)  Public use data files based on information submitted by health care providers other than hospitals or ambulatory surgery centers may not permit the identification of specific patients, employers or health care providers. The department shall protect identification of patients, employers and health care providers by all necessary means, including all of the following:

(a) The deletion of patient identifiers.

(b) The use of calculated variables and aggregated variables.

(c) The specification of counties as to residence rather than zip codes.

(d) The use of 5-year categories for age rather than exact age.

(e) Not releasing information concerning a patient's race or ethnicity, or dates of admission, discharge, procedures or visits.

(f) Masking sensitive diagnoses and procedures by use of larger diagnostic and procedure categories.

(2)  Public use data files under s. 153.45 (1) (b) 2. , Stats., may include only the following:

(a) The patient's county of residence.

(b) The payment source, by type.

(c) The patient's age category, by 5-year intervals.

(d) The patient's procedure code.

(e) The patient's diagnostic code.

(f) Charges assessed with respect to the procedure code.

(g) The name and address of the facility in which the patient's services were rendered.

(h) The patient's gender.

(i) Information that contains the name of the health care provider who is an individual, if the independent review board first reviews and approves the release or if the department promulgates rules that specify the circumstances under which the independent review board need not review and approve the release.

(j) Calendar quarters of service during which the patient visit or procedure occurred, except if the department determines the number of data records included in the public use file is too small to enable protection of patient confidentiality.

(k) Information, other than patient-identifiable data, as defined in s. 153.50 (1) (b) , Stats., as approved by the independent review board.

(3)  

(a) Public use data files based on information submitted by hospitals and ambulatory surgery centers may not permit the identification of specific patients or employers.

(b) The department shall protect the identification of patients and employers by all necessary means, including all of the following:

1. The deletion of patient identifiers.

2. The use of calculated variables and aggregated variables.

3. Not releasing information concerning a patient's race or ethnicity, or dates of admission, discharge, procedures or visits.

(c) The department shall suppress or mask zip code information in the public use data file when the number of persons having a given zip code is insufficient to mask their identity.

History: Cr. Register, December, 2000, No. 540 , eff. 1-1-01.