Section 1385.10 Of Article 6.2. Review Of Rate Increases From California Health And Safety Code >> Division 2. >> Chapter 2.2. >> Article 6.2.
1385.10
. (a) (1) A health care service plan shall annually provide
claims data at no charge to a large group purchaser if the large
group purchaser requests the information and otherwise meets the
requirements of this section.
(2) The health care service plan shall provide claims data that a
qualified statistician has determined are deidentified so that the
claims data do not identify or do not provide a reasonable basis from
which to identify an individual. If the statistician is unable to
determine that the data has been deidentified, then the data that
cannot be deidentified shall not be provided by the health care
service plan to the large group purchaser. A health care service plan
may provide the claims data in an aggregated form as necessary to
comply with subdivisions (e) and (f).
(b) (1) As an alternative to providing claims data required
pursuant to subdivision (a), the plan shall provide, at no charge to
a large group purchaser, all of the following:
(A) Deidentified data sufficient for the large group purchaser to
calculate the cost of obtaining similar services from other health
plans and evaluate cost-effectiveness by service and disease
category.
(B) Deidentified aggregated patient-level data on demographics,
prescribing, encounters, inpatient services, outpatient services, and
any other data that is comparable to what is required of the health
plan to comply with risk adjustment, reinsurance, or risk corridors
pursuant to the federal Patient Protection and Affordable Care Act
(Public Law 111-148), as amended by the federal Health Care and
Education Reconciliation Act of 2010 (Public Law 111-152), and any
rules, regulations, or guidance issued thereunder.
(C) Deidentified aggregated patient-level data used to experience
rate the large group, including diagnostic and procedure coding and
costs assigned to each service that the plan has available.
(2) The health care service plan shall obtain a formal
determination from a qualified statistician that the data provided
pursuant to this subdivision have been deidentified so that the data
do not identify or do not provide a reasonable basis from which to
identify an individual. If the statistician is unable to determine
that the data has been deidentified, the health care service plan
shall not provide the data that cannot be deidentified to the large
group purchaser. The statistician shall document the formal
determination in writing and shall, upon request, provide the
protocol used for deidentification to the department.
(c) Data provided pursuant to this section shall only be provided
to a large group purchaser that meets both of the following
conditions:
(1) Is able to demonstrate its ability to comply with state and
federal privacy laws.
(2) Is a large group purchaser that is either an employer with an
enrollment of greater than 1,000 covered lives and at least 500
covered lives enrolled with the health care service plan providing
the information or a multiemployer trust with an enrollment of
greater than 500 covered lives and at least 250 covered lives
enrolled with the health care service plan providing the information.
(d) Nothing in this section shall be construed to prohibit a plan
and purchaser from negotiating the release of additional information
not described in this section.
(e) All disclosures of data to the large group purchaser made
pursuant to this section shall comply with the federal Health
Insurance Portability and Accountability Act of 1996 (Public Law
104-191) and the federal Health Information Technology for Economic
and Clinical Health Act, Title XIII of the federal American Recovery
and Reinvestment Act of 2009 (Public Law 111-5), and implementing
regulations.
(f) All disclosures of data to the large group purchaser made
pursuant to this section shall comply with the Confidentiality of
Medical Information Act (Chapter 1 (commencing with Section 56) of
Part 2.6 of Division 1 of the Civil Code).