59B-9.039. Patient Data Release

Effective on Monday, January 1, 2018
  • 1(1) Agency records, public records under Chapter 119, F.S., (Florida’s Public Records Law), are available for public inspection during normal business hours. Copies of such records may be obtained upon request and upon payment of the cost of copying.

    40(2) Patient-specific records collected by the Agency pursuant to Rules 5059B-9.030 51through 5259B-9.039. 53F.A.C., are exempt from disclosure pursuant to Section 61408.061(7), F.S., 63and shall not be released unless modified to protect patient confidentiality as described in paragraph (2)(a), below, and released in the manner described in paragraphs (2)(c) and (2)(d).

    91(a) The patient-specific record shall be modified to protect patient confidentiality as follows:

    1041. 105Patient Control Number


    1092. Patient Social Security Number


    1153. Patient Birth Date

    119Substitute Age 121in years and an indicator of Age <29 Days 128except for persons 100 and older, substitute 135Age > 100 years

    1394. Visit Date

    142Substitute Quarter Indicator (1-4) 146(visit month cannot be substituted)

    1515. Medical or Health Record Number


    158(b) A record linkage number shall be assigned which does not identify an individual patient and cannot reasonably be used to identify individual patients through use of data available through the Agency, 190but which can be used for confidential data output for bonafide research purposes.

    203(c) The modified data records described in paragraph (2)(a), shall be released as a set of all records occurring in one calendar quarterly period based on date of visit.

    232(d) The modified data described in paragraph (2)(a), shall be released in accordance with the Limited Data Set requirements of the federal Health Insurance Portability and Accountability Act and shall be made available on or after quarterly data has been certified as accurate by the facility as required by Section 282408.061(1)(a), F.S.

    284(3) Aggregate reports derived from patient-specific records collected pursuant to Rules 29559B-9.030 296through 29759B-9.038, 298F.A.C., are public records and shall be released as described in subsection (1), of this rule, provided the aggregate reports do not include 321patient control number, 324patient birth date, 327visit date, 329patient social security number, 333medical or health record number 338or provided the aggregate reports contain the combination of five or more records for any data disclosed.

    355Rulemaking Authority 357408.15(8) FS. 359Law Implemented 361408.061 FS. 363History–New 1-1-10, Formerly 36659B-9.023, 367Amended 1-1-18.