Section 1200-07-04-.10 - CONFIDENTIAL INFORMATION(1) All information reported to the Commissioner under this part is confidential until processed and verified by the Department.(2) The Commissioner may use or authorize use of this data, including the personal identifiers, for purposes that are necessary to provide for or protect the health of the population and as permitted by law. In no event may personal identifiers be released to the public.(3) Information regarding the name of an employer will not be released to the public. Information about any employer may be released to the employer identified in the data record. A facility may receive information regarding the name of an employer for its claims only.(4) The data may be released pursuant to the provisions of 45 C.F.R. § 164.514(b) or (e). However, any data released to the public, in addition to those items required by law to be deleted, will also not contain any of the following: (a) Any patient's address city;(b) An insured's address city;(c) The month and day of all dates;(d) Any numbers after the first three numbers of all zip codes for areas having a population under 20,000;(e) Any numbers after the first five numbers of all zip codes for areas having a population 20,000 or more;(f) The year of birth and the actual age of any person over eighty nine (89) years of age; and(g) Information that reasonably could be expected to reveal the identity of a patient, including those items contained in 45 C.F.R. § 164.514(a) and (b)(2)(i).(5) Any agency of the State of Tennessee seeking confidential ASTC or ODC claims data or reports containing such confidential information, must agree in writing to follow all confidentiality restrictions of the Department concerning use of this data. The agency must also agree in writing to release no record level information to any other entity, and shall forward all such requests for record level information to the Department.Tenn. Comp. R. & Regs. 1200-07-04-.10
Original rule filed January 27, 2005; effective April 12, 2005. Repeal and new rule filed January 29, 2013; effective June 30, 2013.Authority: T.C.A. §§ 68-1-103 and 68-1-119.