OAR 333-010-0050
Cancer Reporting Regulations: Confidentiality and Access to Data

This rule describes when confidential and privileged information collected and maintained by OSCaR may be shared and the process for obtaining aggregate non-confidential OSCaR information that is not publically available.

(1)

All identifying information regarding individual patients, health care facilities, clinical laboratories, and practitioners reported pursuant to ORS 432.510 (Cancer and tumor registry system) and 432.520 (Reporting requirement), OAR 333-010-0020 (Cancer Reporting Regulations: Reporting Requirements for Health Care Facilities), 333-010-0030 (Cancer Reporting Regulations: Reporting Requirements for Practitioners) and 333-010-0032 (Cancer Reporting Regulations: Reporting Requirements for Clinical Laboratories) shall be confidential and privileged. Except as required in connection with the administration or enforcement of public health laws or rules, no public health official, employee, or agent shall be examined in an administrative or judicial proceeding as to the existence or contents of data collected under the cancer registry system.

(2)

The information collected and maintained by OSCaR must be stored in secure locations, must be used solely for the purposes stated in ORS 432.510 (Cancer and tumor registry system) and 432.520 (Reporting requirement) and must not be further disclosed unless required by law, with the following exceptions:

(a)

When OSCaR has entered into reciprocal cooperative agreements with other states to exchange information on resident cases, as provided for in ORS 432.540 (Use of confidential data). Such agreements must provide for obtaining data on Oregon resident cases diagnosed or treated out of state, and for reciprocal rights of other states to receive information on residents of those states diagnosed or treated in Oregon. Before entering into an agreement with any other state, OSCaR must determine that the other state has comparable confidentiality protections;

(b)

When disclosure to officers or employees of federal, state, or local government public health agencies is necessary to investigate or avoid a clear and immediate danger to other individuals or to the public generally;

(c)

When the Authority elects to contract with another agency for performance of a registry function the Authority will require the contractor to agree to use the information only for the purposes of the central cancer registry, to maintain the information securely, and to protect the information from unauthorized disclosure as referred to in OAR 333-010-0050 (Cancer Reporting Regulations: Confidentiality and Access to Data)(1). Before entering into any contract with another agency the Authority must determine the agency has comparable confidentiality protections; and

(d)

When the Authority deems that the information is necessary for others to conduct research in conformance with the purposes for which the data are collected.

(3)

Health care facilities shall have access to confidential and privileged data on any case submitted by that facility. When a patient has been seen for care by multiple health care facilities, OSCaR may share corrected or amended information among the reporting facilities due to the data standards and accuracy needed for each cancer case.

(4)

Practitioners shall have access to confidential and privileged data on any case submitted by that practitioner. When a patient has been seen for care of a case of cancer by multiple practitioners, OSCaR may share information on treatment and follow-up among the practitioners, provided that all participating practitioners have signed agreements with OSCaR to do so.

(5)

Access to non-confidential OSCaR data combined from multiple cancer cases and summarized as counts and rates that is not publically available is limited as follows:

(a)

Requestor shall make a formal request to OSCaR;

(b)

Requestor agrees to acknowledge OSCaR as the data source in any report or publication where the data is used;

(c)

County is the smallest unit of geography for which data will be released; and

(d)

Data will be suppressed based upon OSCaR’s current confidentiality standard.

Source: Rule 333-010-0050 — Cancer Reporting Regulations: Confidentiality and Access to Data, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-010-0050.

333–010–0000
Cancer Reporting Regulations: Definitions 333–010–0020
Cancer Reporting Regulations: Reporting Requirements for Health Care Facilities 333–010–0030
Cancer Reporting Regulations: Reporting Requirements for Practitioners 333–010–0032
Cancer Reporting Regulations: Reporting Requirements for Clinical Laboratories 333–010–0035
Cancer Reporting Regulations: Patient Notification Requirement 333–010–0040
Cancer Reporting Regulations: Quality Standards 333–010–0050
Cancer Reporting Regulations: Confidentiality and Access to Data 333–010–0055
Cancer Reporting Regulations: Research Studies 333–010–0060
Cancer Reporting Regulations: Special Studies 333–010–0070
Cancer Reporting Regulations: Advisory Committee 333–010–0080
Cancer Reporting Regulations: Training and Consultation 333–010–0090
Cancer Reporting Regulations: Fees 333–010–0100
ScreenWise Breast and Cervical Cancer Program: Description of the ScreenWise Breast and Cervical Cancer Program 333–010–0105
Definitions 333–010–0110
Client Eligibility 333–010–0115
Client Enrollment 333–010–0120
Covered Services 333–010–0125
Excluded Services 333–010–0130
Standards of Care for Breast and Cervical Cancer Screening and Diagnostic Services 333–010–0135
Provider Enrollment 333–010–0140
Billing 333–010–0145
Claims and Data Submission 333–010–0150
Timely Submission of Claims and Data 333–010–0155
Payment 333–010–0160
Requirements for Financial, Clinical and Other Records 333–010–0165
Compliance with Federal and State Statutes 333–010–0170
Denial or Recovery of Reimbursement Resulting from Review or Audit 333–010–0175
Recovery of Overpayments to Providers Resulting from Review or Audit 333–010–0180
Provider Sanctions 333–010–0185
Provider Appeals 333–010–0190
Provider Appeals (Level 1) — Claims Reconsideration 333–010–0195
Provider Appeals (Level 2) — Contested Case Hearing 333–010–0197
Presumptive Eligibility for BCCTP 333–010–0200
ScreenWise WISEWOMAN Program: Description of the WISEWOMAN Program 333–010–0205
Definitions 333–010–0210
Client Eligibility 333–010–0215
Client Enrollment 333–010–0220
Provider Enrollment 333–010–0225
Standards of Care for WISEWOMAN Program Screening and Services 333–010–0230
Submission of Information by Ancillary Providers 333–010–0235
Covered Services 333–010–0240
Excluded Services 333–010–0245
Claims and Billing 333–010–0250
Payment 333–010–0255
Denial or Recovery of Reimbursement Resulting from Review or Audit 333–010–0260
Recovery of Overpayments to Providers Resulting from Review or Audit 333–010–0265
Client Data Submission 333–010–0270
Requirements for Financial, Clinical and Other Records 333–010–0275
Compliance with Federal and State Statutes 333–010–0280
Provider Sanctions 333–010–0285
Provider Appeals (Level 1) — Claims Reconsideration 333–010–0290
Provider Appeals (Level 2) — Contested Case Hearing 333–010–0300
Tobacco Prevention and Education Program: Definitions 333–010–0310
Tobacco Prevention and Education Program: Purpose and Intent 333–010–0320
Tobacco Prevention and Education Program: Framework for Grant Awards 333–010–0330
Tobacco Prevention and Education Program: Local Coalitions and Community-Based Programs 333–010–0350
Tobacco Prevention and Education Program: Statewide Public Awareness and Education Programs 333–010–0360
Tobacco Prevention and Education Program: Statewide and Regional Projects Programs 333–010–0370
Tobacco Prevention and Education Program: Reporting 333–010–0600
Childhood Diabetes Database: Definitions 333–010–0610
Childhood Diabetes Database: General Authority and Purpose 333–010–0620
Childhood Diabetes Database: Reporting Requirements for Schools 333–010–0630
Childhood Diabetes Database: Reporting Requirements for Practitioners 333–010–0640
Childhood Diabetes Database: Confidentiality and Access to Data 333–010–0650
Childhood Diabetes Database: Research Studies 333–010–0660
Childhood Diabetes Database: Advisory Committee 333–010–0700
Dental Pilot Projects: Purpose 333–010–0710
Dental Pilot Projects: Definitions 333–010–0720
Dental Pilot Projects: Application Procedure 333–010–0730
Dental Pilot Projects: Application Review Process 333–010–0740
Dental Pilot Projects: Project Application Provisional Approval or Denial 333–010–0750
Dental Pilot Projects: Provisional Approval 333–010–0760
Dental Pilot Projects: Minimum Standards 333–010–0770
Dental Pilot Projects: Informed Consent 333–010–0780
Dental Pilot Projects: Pilot Project Evaluation and Monitoring by Sponsor 333–010–0790
Dental Pilot Projects: Authority Responsibilities 333–010–0800
Dental Pilot Projects: Project Modifications 333–010–0810
Dental Pilot Projects: Discontinuation or Completion of Project 333–010–0820
Dental Pilot Projects: Suspension, Denial or Termination of Project
Last Updated

Jun. 8, 2021

Rule 333-010-0050’s source at or​.us