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Law, Rules & HIPPA Information

 

Reporting to the Louisiana Tumor Registry

The legislation that established the Louisiana Tumor Registry (R.S. 40:1299.80 et seq.) specifies that any health care provider diagnosing or treating cancer patients shall report each case of cancer within six months of admission or diagnosis. It also protects health care providers who disclose confidential data in good faith to the LTR from damages arising from such disclosures.

More detailed instructions for carrying out the law can be found in the LTR’s legislative rules (LAC 48:V.8501-8513). These rules specify that if a facility does not comply with the LTR reporting rules, staff from the Registry will abstract the cases and may be reimbursed for the actual cost of their work. The legislative rules also strengthen the confidentiality policies of the Registry, specifying that no confidential data shall be permissible in court proceedings of any type and that all registry employees or other data users will sign confidentiality agreements. In addition, the rules authorize the LTR to exchange data with other states so that it may obtain data about residents of Louisiana who seek care out of state and may, in turn, provide data to other states about their residents.

To view the rules, as shown in the Louisiana Register, December 2004 issue, click here.

Beginning in April 2003, the Health Insurance Portability and Accountability Act (HIPAA) has required that healthcare providers obtain consent from all patients for the release of their medical records. Because the Louisiana Tumor Registry is required by law to obtain cancer information, however, it is considered a public health authority and is exempt from the patient consent provisions of HIPAA. More details about the LTR and HIPAA can be viewed here.