(a) Data Requests - General Information.
  (1) DSHS shall establish procedures for screening all data and information requests to assure that filling the request will not violate the provisions of Health and Safety Code, §108.013(c).
  (2) Requests for data files including data on one or more providers are matters of public record and copies of all requests shall be maintained by DSHS for two years from the date of receipt. DSHS shall make available on DSHS' website summary of all requests received for public use data.
  (3) Texas State agencies that request data solely for internal use in accordance with Health and Safety Code, §108.012(b) shall abide by the data users' agreement.
  (4) The data elements specified for discharge reports in §421.9 of this title (relating to Discharge Reports--Records, Data Fields and Codes) or event files in §421.67 of this title (Event Files--Records, Data Fields and Codes) or §421.77 of this title (Event Files--Records, Data Fields and Codes) do not constitute "Provider Quality Data" as discussed in Health and Safety Code, §108.010.
(b) Public Use Data File Requests and Releases.
  (1) Release of public use data files. DSHS shall release public use data that has the identities masked relating to health care facilities that are low volume providers to protect the confidentiality and privacy of the patients, physicians and other health professionals.
  (2) DSHS will make available a public use data file on electronic, magnetic or portable data storage media for each quarter as authorized by Health and Safety Code, Chapter 108 and by this section.
  (3) DSHS shall release public use data from health care facilities that have certified the data as required by §421.7 of this title (relating to Certification of Discharge Reports), or §421.66 (relating to Certification of Compiled Event Data) or §421.76 of this title (relating to Certification of Compiled Event Data) of this title. A health care facility's failure to execute the certification form by the dates specified in §421.7(d) or §421.66(d) or §421.76 of this title, or elects to not certify the discharge encounter data shall not prevent DSHS from releasing the hospital's data if DSHS believes the data submitted is reasonably accurate and complete. DSHS may suppress for any quarter's data one or more data elements if deemed necessary to comply with provisions of the statutes. If an element is ordered suppressed by a judicial authority, DSHS may suppress the element.
  (4) If additional discharge claims (not previously submitted as specified in §421.6(c)(4) of this title (relating to Acceptance of Discharge Reports and Correction of Errors) or §421.65(b)(4) of this title (relating to Acceptance of Event Files and Correction of Data Content Errors) or §421.75 of this title (relating to Acceptance of Event Files and Correction of Data Content Errors) of this title, excluding replacement, adjustments and void/cancel discharge claims become available after the initial release of the public use data file for any quarter, DSHS will add the discharge claims, that are received on or prior to the date specified in §421.3(a)(1) of this title (relating to Schedule for Filing Discharge Reports) or §421.63(a)(1) - (4) of this title (relating to Schedule for Filing Event Files) or §421.73 of this title (relating to Schedule for Filing Event Files) of this title of the following quarter, to the public use data file and make the additional records available to the public.
  (5) A public use data file which is disseminated to a requestor shall not be considered a report issued by DSHS as referenced in Health and Safety Code, §108.011(f), and requires no additional opportunity for the facility to review or comment on the data.
  (6) With any public use data file prepared by DSHS, DSHS shall attach all comments submitted by providers, which relate to any data included in the file. DSHS shall make these comments available at DSHS offices and on DSHS' website.
(c) Research Data File Requests and Releases - A research data file may be released provided the following criteria are met:
  (1) DSHS' Hospital Discharge Data Research Data File Request Form, or Outpatient Research Data File Request Form, or Emergency Department Research Data File Request Form is completed and submitted to DSHS;
  (2) DSHS' Institutional Review Board reviews the research request and has determined the proposed research outcome can be achieved with the requested data;
  (3) the Institutional Review Board and DSHS' Executive Steering Committee grant authorization to the request or restrict access to specified data elements determined to be inappropriate for the research proposal in accordance with §421.46 of this title (relating to Institutional Review Board);
  (4) the requestor agrees to dispose of the research data using authorized methods by the established end date stated on the written data release agreement;
  (5) the requestor has signed a written data release agreement; and
  (6) the requestor has made payment according to §421.47 of this title (relating to Data Fees).

Source Note: The provisions of this §421.45 adopted to be effective July 5, 2017, 42 TexReg 3373; amended to be effective January 30, 2019, 44 TexReg 429