§ 20-8-110 — Collection and dissemination of health data

(a) The Health Services Permit Agency shall act as a statewide health data clearinghouse for the acquisition and dissemination of data from healthcare providers, the Arkansas Medicaid Program, third-party payors, state agencies, and other appropriate sources in furtherance of this section. (b) All state agencies having information with regard to health matters shall make available to the Health Services Permit Agency such health data as is necessary for the Health Services Permit Commission to carry out its responsibilities. (c) All health facilities requiring a permit of approval by the state shall submit annually a report of utilization statistics as may be required by the Health Services Permit Agency. (d) The Insurance Commissioner shall require all third-party payors, including, but not limited to, licensed insurers, medical and hospital service corporations, health maintenance organizations, and self-funded employee health plans, to provide the commission with claims data for health matters. (e) State agencies which survey hospitals, home health agencies, outpatient surgery centers, or nursing homes for licensure or certification shall annually report to the Health Services Permit Agency on the surveys of the various facilities. The annual report shall list facilities by name with patient care citations and numbers of serious patient injuries per year by facility. (f) The Director of the Health Services Permit Agency shall be empowered to release data collected pursuant to this section, subject to the following limitations: (1) Data released shall not include any information which could be used to identify any individual patient; and (2) Data released shall not include any information which could be used to associate any of the data with any specific third-party payor. (g) The Secretary of the Department of Health shall prescribe such rules as may be necessary to carry out the purpose of this section. (h) (1) With the advice of the commission, the director shall compile and publish summaries of health data collected by the Health Services Permit Agency. (2) (A) The director shall prepare an annual report of the Health Services Permit Agency's findings and submit the report to the secretary, the General Assembly, and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof. (B) The Health Services Permit Agency shall provide assistance to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor in the development of information necessary in the examination of healthcare issues. (i) (1) The Health Services Permit Agency may impose a fine on health facilities requiring a permit of approval for failure to timely submit reports of statistics as required by the Health Services Permit Agency. (2) The Health Services Permit Agency may impose a fine of: (A) Up to one hundred dollars ($100) for a report more than thirty (30) days late; (B) Two hundred fifty dollars ($250) for a report more than sixty (60) days late; and (C) Five hundred dollars ($500) for a report more than ninety (90) days late.

Legislative History

Amended by Act 2019, No. 315,§ 1825, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4959, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4958, eff. 7/1/2019. Acts 1989, No. 107, §§ 1-4; 1997, No. 179, § 23; 2001, No. 1800, § 14; 2005, No. 1271, §§ 1, 2; 2007, No. 827, § 149; 2007, No. 1589, §§ 1, 2.