Current through Reg. 49, No. 38; September 20, 2024
(a) DSHS shall
use the Institutional Review Board for the purposes of:
(1) evaluating applications for various
measures or variables that are found in DSHS' hospital discharge data
"research" file or outpatient surgical and radiological procedures at hospitals
and ambulatory surgical centers "research" file or hospital outpatient
emergency department data "research" file; and
(2) deciding whether the data requests should
be granted.
(b) The
Institutional Review Board functions relating to §
421.45
of this title (relating to Data Requests and Release) and this section are
abolished at such time as DSHS ceases to maintain a hospital discharge data
"research" file or outpatient surgical and radiological procedures at hospitals
and ambulatory surgical centers "research" file or hospital outpatient
emergency department data "research" file.
(c) Decision-Making Guidelines.
(1) Requests should reasonably identify and
justify the requested data elements. Requesters who have detailed information
that would assist in justifying the records request are urged to provide such
information in order to expedite the handling of the request. Envelopes in
which written requests are submitted should be clearly identified as Open
Records requests. Requests should include the fee or request determination of
the fee.
(2) Fee structures for the
public use data file and the research file shall be set by the executive
commissioner.
(3) Waiver or
reduction of the fees charged for the public use data file or the research file
may be made upon a determination by DSHS in consultation with the executive
commissioner when such waiver or reduction is in DSHS' interest.
(4) All requests for data must be submitted
in writing, either on the form provided by DSHS or on a similar form containing
all of the same information. Denials of written requests will be in writing and
will contain the reasons for the denial including, as appropriate, a statement
that a document or data element requested is nonexistent or is not reasonably
described, or is subject to one or more clearly described exemption or
exemptions.
(5) Only data elements
requested by the requestor and approved for release by the Institutional Review
Board, shall be included in the research file for release to the requestor in
accordance with this chapter.
(d) Reports to DSHS. The Chair of the
Institutional Review Board shall file with the Program Director a written
report of all action taken relating to requests under this section at any
meeting of the Institutional Review Board or of a Subcommittee within three
working days of such meeting, including a detailed list of how each
participating member voted.
