Right-to-Know Law and access to council data - 35 Pa. Stat. Ann. § 449.10

The Right-to-Know law enables the health care cost containment council to make determinations on requests for its information and data in favor of access.  All public reports prepared by the council will be public records; copies may be provided to the Senate and the House of Representatives’ health and welfare committees.  The council will provide access to special reports derived from raw data and access to raw data via a computer-to-computer system maintained by the council to the following:

• Entities that purchase health benefits for their employees or members; 
• Collective bargaining representatives of those employees or members; and
• Any other entity that the council deems appropriate. 

 Unless otherwise provided for, the following information may not be disclosed by the council or accessed by a data user: 

• Raw data that does not simultaneously disclose payment, provider quality and provider service effectiveness;
• Raw data that could reasonably be expected to reveal the identity of an individual patient;
• Raw data relating to actual payments, discounts or allowances between purchasers and providers; however, purchasers may request data about their own employees/members, and data disclosing discounts and allowances may be released in a statewide, aggregate format that is not prejudicial or inequitable to any payor or provider. 

Knowing release of confidential council data is a first degree misdemeanor and is punishable by a $10,000 fine and/or imprisonment for up to five years.  Knowing receipt or possession of confidential council data is also a first degree misdemeanor.