Code of Laws of S.C. § 44-6-170 - Collection and release of health care related data; confidentiality; regulations to be promulgated; Data Oversight Council; Health Data Analysis Task Force; hospitals to provide required information; violations and penalt

The law establishes a Data Oversight Council comprised of various stakeholders.  The duties of the Council include:

• Making recommendations to the General Assembly on the collection and release of health care related data;
• Convening expert panels to make recommendations on the collection and release of health care related data;
• Approving regulations related to the collection and release of health care related data;
• Approving the release of health care related data;
• Recommending appropriate dissemination of health care related reports, training of personnel, and use of health care related information.

The Office of Research and Statistics of the Budget and Control Board must issue regulations concerning the collection of inpatient and outpatient data.  Provider identifiable data may not be released unless it is determined to be consistent with the purposes of this law.  Any such release must be approved by the Council and the Joint Legislative Health Care Planning and Oversight Committee.  However, approval is not necessary for release of information if the data elements and format are substantially similar to previously released reports.  

All health care providers and insurers are required to collect inpatient and outpatient data.  General acute care hospitals and specialized hospitals must provide inpatient data and financial information to the Office.  All hospital-based and freestanding ambulatory surgical facilities, hospital emergency rooms, and any health care setting which provides on an outpatient basis radiation therapy, cardiac catherizations, lithotripsy, magnetic resonance imaging, and positron emission therapy must provide outpatient information to the Office.  Licensed home health agencies must also submit outpatient data to the Office.  If a provider fails to submit the health care data as required by this law, the Office of Research and Statistics may assess a civil fine of up to $5,000 per violation, but the total fine may not exceed $10,000.  A person seeking to collect health care data or information for a registry must coordinate with the office to utilize existing data collection formats.