Revised Code of Washington
Chapter 43.70 - Department of Health.
43.70.057 - Hospital emergency room patient care information—Data collection, maintenance, analysis, and dissemination—Rules.

RCW 43.70.057
Hospital emergency room patient care information—Data collection, maintenance, analysis, and dissemination—Rules.

(1) The legislature finds that public health data is critical to the department's ability to respond to emerging public health threats and chronic conditions affecting the public health and, therefore, intends that the department be fully informed about emerging public health threats and chronic conditions that may impact the health of Washington citizens.
(2) The department shall require hospitals with emergency departments to submit emergency department patient care information, which must be collected, maintained, analyzed, and disseminated by the department. The department shall also accept other data types submitted voluntarily as approved by the department. The data must be collected in a way that allows automated reporting by electronic transmission. Emergency departments submitting data must be able to obtain their data and aggregate regional and statewide data from the collection system within thirty minutes of submission of a query for the data once the data is available in the system. The department may, if deemed cost-effective and efficient, contract with a private entity for any or all parts of data collection, maintenance, analysis, and dissemination. The department or contractor shall include the following elements:
(a) A demonstrated ability to collect the data required by this section in a way that allows automated reporting by electronic transmission;
(b) An established data submission arrangement with the majority of emergency departments required to submit data pursuant to this section;
(c) The demonstrated ability to allow emergency departments submitting data to immediately obtain their own data and aggregate regional and statewide data and the department to immediately obtain any data within thirty minutes of submission of a query for data once the data is available in the system; and
(d) The capacity to work with existing emergency department data systems to minimize administrative reporting burden and costs.
(3) Data elements must be reported in conformance with a uniform reporting system established by the department in collaboration with representatives from emergency departments required to submit data pursuant to this section and in conformance with current or emerging national standards for reporting similar data. Data elements to be initially collected include, but are not limited to, data elements identifying facility information, limited patient identifiers, patient demographics, and encounter, clinical, and laboratory information. In order to ensure meaningful public health surveillance, after consulting with emergency departments required to submit data pursuant to this section, the department shall adopt rules including, but not limited to, data element and format requirements and time frames for reporting and addressing errors in submission. The rules adopted shall support alignment with current or emerging national standards for reporting similar data and minimization of administrative burden and costs.
(4) The department may require additional information from data providers only for the purposes of validating data received, verifying data accuracy, conducting surveillance of potential public health threats, and addressing potential public health threats.
(5) The data collected, maintained, and analyzed by the department must only be available for retrieval in original or processed form to public and private requestors pursuant to subsection (6) of this section and must be available within a reasonable period of time after the date of request, except that emergency departments submitting data pursuant to this section must have the ability to immediately obtain their own data and aggregate regional and statewide data within thirty minutes of submission of a query for data once the data is available in the system. The cost of retrieving their own data and aggregate regional and statewide data in standardized reports for state, local, tribal, federal officials and agencies, and health care facilities, and health care providers associated with the emergency departments submitting data pursuant to this section, must be funded through the agency's resources. The cost of retrieving data for individuals and organizations engaged in research or private use of data or reports must be funded by a fee schedule developed by the department that reflects the direct cost of retrieving the data or report in the requested form.
(6) The department must maintain the confidentiality of patient data it collects under subsection (2) of this section. Patient data collected by the department is health care information under chapter 70.02 RCW. Patient data that includes direct and indirect identifiers is not subject to public inspection and copying and the department may only release that data as allowed for in this section. Any agency that receives patient data under (a) or (b) of this subsection must also maintain the confidentiality of the data and may not release the data except as consistent with subsection (7)(b) of this section. The department may release the data as follows:
(a) Data that includes direct and indirect patient identifiers, as specifically defined in rule, may be released to:
(i)(A) Federal, Washington state, tribal, and local government agencies upon receipt of a signed data use agreement with the department;
(B) In the case of an emergent public health threat, the signed data use agreement requirement must be waived for public health authorities. The department may disclose only the minimum amount of information necessary, to the fewest number of people, for the least amount of time required to address the threat;
(ii) Researchers with approval of an institutional review board upon receipt of a signed confidentiality agreement with the department;
(b) Data that does not contain direct patient identifiers but may contain indirect patient identifiers may be released to agencies, institutional review board-approved researchers, and other persons upon receipt of a signed data use agreement with the department;
(c) Data that does not contain direct or indirect patient identifiers may be released on request.
(7) Recipients of data under subsection (6)(a) and (b) of this section must agree in a data use agreement, as applicable, at a minimum, to:
(a) Take steps to protect direct and indirect patient identifiers as described in the data use agreement; and
(b) Not redisclose the data except as authorized in their data use agreement consistent with the purpose of the agreement.
(8) Recipients of data under subsection (6)(b) and (c) of this section must not attempt to determine the identity of persons whose information is included in the data set or use the data in any manner that identifies individuals or their families.
(9) For the purposes of this section:
(a) "Direct patient identifier" means information that identifies a patient; and
(b) "Indirect patient identifier" means information that may identify a patient when combined with other information.
(10) The department may adopt rules necessary to carry out its responsibilities under this section. The department must consider national standards when adopting rules.

[ 2017 c 220 § 1.]

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.70 - Department of Health.

43.70.005 - Intent.

43.70.010 - Definitions.

43.70.020 - Department created.

43.70.030 - Secretary of health.

43.70.040 - Secretary's powers—Rule-making authority—Report to the legislature.

43.70.041 - Five-year formal review process of existing rules.

43.70.045 - Warren Featherstone Reid Award for Excellence in Health Care.

43.70.047 - Warren Featherstone Reid Award for Excellence in Health Care.

43.70.050 - Collection, use, and accessibility of health-related data.

43.70.052 - Hospital financial and patient discharge data—Financial reports—Data retrieval—American Indian health data—Reporting—Patient discharge data—Confidentiality and protection.

43.70.053 - Hospital consolidated annual income—Reporting.

43.70.054 - Health care data standards—Submittal of standards to legislature.

43.70.056 - Health care-associated infections—Data collection and reporting—Advisory committee—Rules.

43.70.057 - Hospital emergency room patient care information—Data collection, maintenance, analysis, and dissemination—Rules.

43.70.060 - Duties of department—Promotion of health care cost-effectiveness.

43.70.064 - Health care quality—Findings and intent—Requirements for conducting study under RCW 43.70.066.

43.70.066 - Study—Uniform quality assurance and improvement program—Reports to legislature—Limitation on rule making.

43.70.068 - Quality assurance—Interagency cooperation.

43.70.070 - Duties of department—Analysis of health services.

43.70.075 - Identity of whistleblower protected—Remedy for retaliatory action—Definitions—Rules.

43.70.080 - Transfer of powers and duties from the department of social and health services.

43.70.081 - Transfer of certain behavioral health-related powers, duties, and functions from the department of social and health services.

43.70.090 - Authority to administer oaths and issue subpoenas—Provisions governing subpoenas.

43.70.095 - Civil fines.

43.70.097 - Enforcement in accordance with RCW 43.05.100 and 43.05.110.

43.70.100 - Reports of violations by secretary—Duty to institute proceedings—Notice to alleged violator.

43.70.110 - License fees—Costs—Other charges—Waiver.

43.70.112 - Online access to health care resources—Annual accounting of use of funds and use of online resources—University of Washington.

43.70.115 - Licenses—Denial, suspension, revocation, modification.

43.70.117 - Health care professionals licensed in another state or United States territory or the District of Columbia—In-state practice on a limited basis—Requirements—Limitations.

43.70.120 - Federal programs—Rules—Statutes to be construed to meet federal law.

43.70.125 - Health care facility certification—Unfunded federal mandates—Applicant fees.

43.70.130 - Powers and duties of secretary—General.

43.70.140 - Annual conference of health officers.

43.70.150 - Registration of vital statistics.

43.70.170 - Threat to public health—Investigation, examination or sampling of articles or conditions constituting—Access—Subpoena power.

43.70.180 - Threat to public health—Order prohibiting sale or disposition of food or other items pending investigation.

43.70.185 - Inspection of property where marine species located—Prohibitions on harvest or landing—Penalties.

43.70.190 - Violations—Injunctions and legal proceedings authorized.

43.70.195 - Public water systems—Receivership actions brought by secretary—Plan for disposition.

43.70.200 - Enforcement of health laws and state or local rules and regulations upon request of local health officer.

43.70.210 - Right of person to rely on prayer to alleviate ailments not abridged.

43.70.220 - Transfer of powers and duties from the department of licensing.

43.70.230 - Office of health consumer assistance created—Duties.

43.70.240 - Written operating agreements.

43.70.250 - License fees for professions, occupations, and businesses.

43.70.260 - Appointment of temporary additional members of boards and committees for administration and grading of examinations.

43.70.270 - License moratorium for persons in the service—Rules.

43.70.280 - Procedure for issuance, renewal, or reissuance of credentials—Extension or modification of licensing, certification, or registration period authorized.

43.70.290 - Funeral directors and embalmers subject to chapter 18.130 RCW.

43.70.300 - Secretary or secretary's designee ex officio member of health professional licensure and disciplinary boards.

43.70.310 - Cooperation with department of ecology.

43.70.320 - Health professions account—Fees credited—Requirements for biennial budget request—Unappropriated funds.

43.70.323 - Hospital infection control grant account.

43.70.327 - Public health supplemental account—Annual statement.

43.70.334 - Temporary worker housing—Definition.

43.70.335 - Temporary worker housing operating license—Fee—Display—Suspension or revocation—Fines—Refunds—Rules—Application of department of labor and industries standards.

43.70.337 - Temporary worker housing building permit—Plans and specifications—Fees—Rules.

43.70.340 - Temporary worker housing inspection fund—Fees on temporary worker housing operating licenses and building permits—Licenses generally.

43.70.400 - Head injury prevention—Legislative finding.

43.70.410 - Head injury prevention—Program, generally.

43.70.420 - Head injury prevention—Information preparation.

43.70.430 - Head injury prevention—Guidelines on training and education—Training of emergency medical personnel.

43.70.435 - Diagnosed concussions of students—Report.

43.70.440 - Head injury prevention act—Short title—1990 c 270.

43.70.442 - Suicide assessment, treatment, and management training—Requirement for certain professionals—Exemptions—Model list of programs—Rules—Health profession training standards provided to the professional educator standards board.

43.70.443 - Study of evidence-based suicide assessment, treatment, and management training—Report—Updates.

43.70.444 - Washington plan for suicide prevention—Steering committee—Report.

43.70.446 - Suicide-safer homes project—Suicide-safer homes project account.

43.70.447 - Suicide assessment, treatment, and management—Curriculum for dental students and dentists.

43.70.452 - Agricultural industry workforce behavioral health improvement and suicide prevention—Pilot program.

43.70.460 - Retired primary and specialty care provider liability malpractice insurance—Program authorized.

43.70.470 - Retired health care provider liability malpractice insurance—Conditions.

43.70.480 - Emergency medical personnel—Futile treatment and natural death directives—Guidelines.

43.70.490 - Emergency medical service personnel training program—Assistance to persons with disabilities—Requirements—Law enforcement officer training—Definitions.

43.70.495 - Telemedicine training for health care professionals.

43.70.500 - Health care services practice indicators and risk management protocols.

43.70.510 - Health care services coordinated quality improvement program—Rules.

43.70.512 - Public health system—Foundational public health services—Intent.

43.70.515 - Foundational public health services—Funding.

43.70.525 - Immunization assessment and enhancement proposals by local jurisdictions.

43.70.526 - Childhood immunizations—Resources for expecting parents.

43.70.533 - Chronic conditions—Training and technical assistance for primary care providers.

43.70.540 - Data collection—Legislative finding and intent.

43.70.545 - Data collection and reporting rules.

43.70.550 - Public health services improvement plan—Contents.

43.70.555 - Assessment standards.

43.70.560 - Media violence—Reporting reduction efforts.

43.70.570 - Intent—1995 c 43.

43.70.575 - Definitions.

43.70.590 - American Indian health care delivery plan.

43.70.595 - Health equity zones.

43.70.600 - Survey regarding exposure to radio frequencies—Results.

43.70.605 - Personal wireless services—Random testing on power density analysis—Rules.

43.70.610 - Domestic violence education program—Established—Findings.

43.70.613 - Health care professionals—Health equity continuing education.

43.70.615 - Multicultural health awareness and education program—Integration into health professions basic education preparation curriculum.

43.70.617 - Prenatal nutrition best practices—Educational resources for pregnant women.

43.70.619 - Pregnancy complications—Informational resources.

43.70.620 - List of contacts—Health care professions.

43.70.630 - Cost-reimbursement agreements.

43.70.640 - Workplace breastfeeding policies—Infant-friendly designation.

43.70.645 - Donor human milk—Milk bank safety standards.

43.70.650 - School sealant endorsement program—Rules—Fee—Report to the legislature.

43.70.660 - Product safety education.

43.70.665 - Early detection breast and cervical cancer screening program—Medical advisory committee.

43.70.670 - Human immunodeficiency virus insurance program.

43.70.675 - Public health advisory board.

43.70.680 - Volunteers for emergency or disaster assistance.

43.70.690 - State asthma plan.

43.70.700 - Locally grown foods—Women, infant, and children farmers market nutrition program—Fruit and vegetable benefit—Rules.

43.70.705 - Fall prevention program.

43.70.710 - Annual review of medication practices of five jails that use nonpractitioner jail personnel—Noncompliance.

43.70.715 - COVID-19 public health response account.

43.70.720 - Universal vaccine purchase account.

43.70.725 - Health extension program—Dissemination of evidence-based tools and resources—Rules.

43.70.738 - Down syndrome resources—Development.

43.70.740 - Adjudicative proceedings.

43.70.750 - Community assistance referral and education program—Review of certification and training—Recommendations to the legislature.

43.70.765 - Opioid drugs—Warning—Patient education materials.

43.70.770 - State opioid response plan.

43.70.780 - Fruit and vegetable incentives program.

43.70.790 - Health care facility inspection and investigation availability.

43.70.800 - Oversight, consolidation, and standardization—Review.

43.70.810 - Provision of medical information—Dissemination of requirements and authority.

43.70.815 - Environmental health disparities map.

43.70.820 - Environmental justice obligations of the department of health.

43.70.825 - School-based health center program office.

43.70.830 - Lead contamination in drinking water in school buildings—Sampling and testing—Data-sharing agreement.

43.70.835 - Lead contamination in drinking water in school buildings—State-tribal compact schools.

43.70.840 - Lead contamination in drinking water in school buildings—Technical guidance.

43.70.845 - Lead contamination in drinking water in school buildings—Department of health as lead agency—Waiver.

43.70.850 - Suicide-safer homes task force.

43.70.900 - References to the secretary or department of social and health services—1989 1st ex.s. c 9.

43.70.901 - References to the director or department of licensing—1989 1st ex.s. c 9.

43.70.902 - References to the hospital commission—1989 1st ex.s. c 9.

43.70.910 - Effective date—1989 1st ex.s. c 9.

43.70.920 - Severability—1989 1st ex.s. c 9.