(a) Public Use Data File Fees. Fees shall be charged for hospital inpatient data, outpatient data, and hospital emergency department data collected and created under Health and Safety Code, Chapter 108 and §421.8 of this title (relating to Hospital Discharge Data Creation), §421.67 of this title (relating to Event Files--Records, Data Fields and Codes) and §421.77 of this title (relating to Event Files--Records, Data Fields and Codes), respectively:
  (1) State Agencies (including State owned universities) - $0.00.
  (2) Texas City/County/Local Government Health Departments - $0.00.
  (3) Texas Reporting Hospitals, Texas In-State Media, and Out of State Health Departments:
    (A) Three most recent calendar years of data - $3,000.00;
    (B) Calendar quarters for the three most recent calendar years - $875.00; or
    (C) Calendar quarters that are four or more years than the current date - $312.50.
  (4) Texas private universities/colleges, out of state universities, out of state media, out of state agencies, out of state hospitals and all other businesses or consumers, including hospital or ambulatory surgery center affiliates, organizations, institutions and corporate offices:
    (A) Three most recent calendar years of data - $6,000.00;
    (B) Calendar quarters for the three most recent calendar years - $1,750.00; or
    (C) Calendar quarters that are four or more years than the current date - $625.00.
  (5) Multiple site location organizations:
    (A) Two to four license locations:
      (i) Three most recent calendar years of data - $9,000.00;
      (ii) Calendar quarters for the three most recent calendar years - $2,750.00; or
      (iii) Calendar quarters that are four or more years than the current date - $982.00.
    (B) Five to nine license locations:
      (i) Three most recent calendar years of data - $12,000.00;
      (ii) Calendar quarters for the three most recent calendar years - $4,000.00; or
      (iii) Calendar quarters that are four or more years than the current date - $1429.00.
    (C) Ten or more license locations:
      (i) Three most recent calendar years of data - $15,000.00;
      (ii) Calendar quarters for the three most recent calendar years - $5,250.00; or
      (iii) Calendar quarters that are four or more years than the current date - $1875.00.
(b) Research Data File Fees. Research data file requests require Institutional Review Board approval in §421.46 of this title (relating to Institutional Review Board).
  (1) State Agencies:
    (A) Health and Human Services Agencies - $0.00.
    (B) Texas State Agencies (other than Health and Human Services Agencies) and Texas State universities - Refer to paragraph (3) of this subsection.
  (2) All other requestors - Refer to paragraph (3) of this subsection.
  (3) Research Data File Fee Structure - All Institutional Review Board approved Research Data Files are custom built and may incur one or more of the following charges dependent on the approved request.
    (A) Base fee - Approved Institutional Review Board research data file requests that require no additional work to prepare the data (For example, filtering or linking) the fee shall be $30 per data element per calendar quarter;
    (B) Fee for identifying and extracting Institutional Review Board approved data according to the specific criteria noted on the Institutional Review Board documentation and in consultation with the requestor. The data shall be extracted from the complete dataset of requested data noted in the Institutional Review Board documentation. The fee will be dependent on the number of hours of labor determined by DSHS program staff performing the service to prepare, process, and verify the Institutional Review Board approved data for the requestor, multiplied by the hourly midpoint range rate of the Salary Group for Class Title "Research Specialist IV" determined by the State Auditor's Office. This fee shall be added to the fee noted in subparagraph (A) of this paragraph and if applicable, subparagraph (C) of this paragraph;
    (C) Fee for linking of approved research data file requests with other datasets. The fee will be dependent on the number of hours of labor determined by DSHS staff performing the service to prepare, process, and verify the Institutional Review Board approved data for the requestor, multiplied by the hourly midpoint range rate of the Salary Group for Class Title "Research Specialist IV" determined by the State Auditor's Office; or
    (D) Fee for additional processing and reviews for requests for data which are not currently available, but DSHS is anticipated to receive and process in the future. The fee will be dependent on the number of hours of labor determined by DSHS staff performing the service to prepare, process, and verify the Institutional Review Board approved data for the requestor, multiplied by the hourly midpoint range rate of the Salary Group for Class Title "Research Specialist IV" determined by the State Auditor's Office.

Source Note: The provisions of this §421.47 adopted to be effective July 5, 2017, 42 TexReg 3373; amended to be effective January 30, 2019, 44 TexReg 429