CHAPTER He-C 1600 NEW HAMPSHIRE HEALTH CARE QUALITY ASSURANCE COMMISSION

PART He-C 1601 DE-IDENTIFICATION OF INFORMATION

Statutory Authority: RSA 151-G:8

He-C 1601.01 Purpose. The purpose of these rules is to provide guidelines for the de-identification of all individuals and facilities involved with cases being reviewed by the New Hampshire healthcare quality assurance commission.

Source. #8992, eff 9-26-07, EXPIRED: 9-26-15

He-C 1601.02 Applicability. This chapter provides rules for the de-identification of information presented to the commission and shall apply to individuals and facilities involved in the commission’s review.

Source. #8992, eff 9-26-07, EXPIRED: 9-26-15

He-C 1601.03 Definitions.

(a) “Administrator” means an individual or entity designated by the commission to perform the administrative functions set forth in RSA 151-G:6.

(b) “Commission” means the New Hampshire healthcare quality assurance commission as established by RSA 151-G:1.

(c) “De-Identification” means the removal of all information from a record that could be used to either directly or indirectly identify an individual or a facility.

Source. #8992, eff 9-26-07, EXPIRED: 9-26-15

He-C 1601.04 Elements of De-Identification.

(a) A record presented to the commission shall be considered de-identified of elements identifying an individual if the following information concerning individuals, their relatives, employers, or household members is removed from the record:

(1) Names;

(2) All address information smaller than a state, including street address, city, county, precinct, and zip code;

(3) All dates directly related to an individual including date of birth, date of death, and all ages over 89, which shall be referred to in a single category of 90 or older;

(4) Telephone numbers;

(5) Fax numbers;

(6) Electronic mail (e-mail) addresses;

(7) Social Security numbers;

(8) Medical record numbers;

(9) Health plan beneficiary numbers;

(10) Account numbers;

(11) Certificate or license numbers;

(12) Vehicle identifiers, including license plate numbers;

(13) Device identifiers and serial numbers;

(14) Web Universal Resource Locators (URLs);

(15) Internet protocol (IP) address numbers;

(16) Biometric identifiers, including finger and voice prints;

(17) Full face photographic images and any comparable images; and

(18) Any other unique identifying element including but not limited to numbers, characteristics, or codes.

(b) A record presented to the commission shall be considered de-identified of elements identifying a facility if the following information concerning the facility, its employees, any of its agents or subcontractors, employees, or medical staff members is removed from the record:

(1) Names;

(2) All address information smaller than a state, including street address, city, county, precinct, and zip code;

(3) Telephone numbers;

(4) Fax numbers;

(5) E-mail addresses;

(6) Provider numbers;

(7) License numbers;

(8) Photographs that could be used to identify the facility or any of its employees, agents, subcontractors, or medical staff members;

(9) Web URLs;

(10) IP address numbers; and

(11) Any other unique identifying elements including but not limited to numbers, characteristics, or codes.

Source. #8992, eff 9-26-07, EXPIRED: 9-26-15

He-C 1601.05 Responsibility for De-Identification. The member who presents a record to the commission for its review shall de-identify the information contained therein prior to presentation.

Source. #8992, eff 9-26-07, EXPIRED: 9-26-15

He-C 1601.06 Submission of De-Identified Information to the Commission.

(a) The member presenting a record to the commission may submit the record directly to the commission or anonymously to the commission by submitting it to the administrator.

(b) The administrator shall maintain the confidentiality of the facility’s identity and shall forward the record’s information for distribution to the members of the commission.

Source. #8992, eff 9-26-07, EXPIRED: 9-26-15

He-C 1601.07 Confidentiality. Failure to de-identify information prior to presentation to the commission shall not constitute a waiver of the confidentiality requirements as set forth in RSA 151-G:5.

Source. #8992, eff 9-26-07, EXPIRED: 9-26-15

Appendix

Rule	Statute
He-C 1601.01	RSA 151-G:8
He-C 1601.02	RSA 541-A:7
He-C 1601.03 – He-C 1601.06	RSA 151-G:8
He-C- 1601.07	RSA 151-G:5, RSA 151-G:8