Section 0720-22-.05 - TRAUMA REGISTRY DATA(1) Reporting (a) All designated Trauma Centers and CRPC's shall participate in the collection of data for the Trauma Registry.(b) All designated Trauma Centers and CRPC's shall record and report the payor source for patient care on patient discharge. Final payment data shall be classed as self pay, commercial insurance, Medicare, Medicaid, or worker compensation.(c) Each trauma center and CRPC shall submit trauma registry data to be received no later than ninety (90) days after the end of each quarter.(2) Confidentiality(a) T.C.A. § 68-11-259 provides for the confidentiality of data obtained from the reports of trauma patients.(b) Information contained in the trauma registry that reasonably could be expected to reveal the identity of any patient or a reporting facility may not be made available to the public.(c) Trauma registry responsibilities.1. The trauma registry shall take strict measures to ensure that all patient identifying information is treated as confidential and privileged.2. All employees and consultants, including auditors of the trauma registry, shall sign a Tennessee Trauma Registry Employee Confidentiality Pledge and these signed pledges shall be kept on file.3. Protection of report sources. Hospitals, laboratories, facilities, or health care practitioners who disclose trauma care data to the trauma registry or its employees in conformity with T.C.A. § 68-11-259 and rules and regulations promulgated thereto shall not be held liable for the release of such data to the department, unless the person or entity has knowledge of any falsity of the information reported or disclosed.(d) Protection of patient identifying information obtained by special studies and other research studies. 1. All identifying information such as records of interviews, questionnaires, reports, statements, notes, and memoranda that are procured or prepared by employees or agents of the trauma registry shall be used solely for statistical, scientific and medical research purposes and shall be held strictly confidential by the trauma registry.2. This applies also to identifying information procured by any other person, agency, or organization, including public or private colleges and universities acting jointly with the trauma registry in connection with special health studies and research investigations.(3) Release of Data (a) Release of non-identifying information 1. To the Tennessee Department of Health: (i) The trauma registry shall work closely with the Tennessee Department of Health in investigating the causes and consequences of traumatic injuries and in evaluating programs.(ii) Because the trauma registry data are an integral part of the Tennessee Department of Health traumatic injury prevention and control programs, the use of trauma registry data by public health officials shall be considered an in-house activity.2. To the general public: (i) Public reports published by the trauma registry shall include aggregate, not patient identifying information or facility identifying information.(ii) Information that would potentially identify a trauma patient shall not be published.(iii) Non-identifying information may be made available to the general public upon request to the department.(iv) The availability of any data shall depend upon the department's financial or other ability to comply with such requests. The trauma registry shall respond to public requests as quickly as possible, subject to staffing constraints.(b) Release of identifying information 1. Identifying information collected from any hospital, laboratory, facility, or health care practitioner may be released to qualified persons for the purposes of traumatic injury prevention, control, care, and research, provided that each request for identifying information follows the established procedure outlined in the trauma registry Policies and Procedures Manual and receives prior approval by the department.2. Identifying information that is collected solely by the trauma registry for its own special studies shall not be released.(c) Annual Report. A statistical report shall be prepared at the completion of each year's data collection cycle and will be distributed as requested.(4) Request procedure for patient identifying information(a) Requests for identifying information shall be reviewed and approved by the department according to the policies of the Tennessee Department of Health and the trauma registry.(b) A detailed description of the procedures for requesting identifying information can be obtained from the trauma registry.Tenn. Comp. R. & Regs. 0720-22-.05
Original rule filed March 31, 1989; effective May 18, 1989. Amendment filed July 21, 1993; effective October 4, 1993. Repeal filed December 5, 2011; effective March 4, 2012. Repeal and new rules filed August 6, 2019; effective November 4, 2019. Transferred from chapter 1200-08-12 pursuant to Public Chapter 1119 of 2022 effective7/1/2022.Authority: T.C.A. §§ 4-5-202, 4-5-204, 68-11-202, 68-11-209, and 68-11-259.