SESSION LAW 2008-119




AN ACT to improve the collection and reporting of race and ethnicity data to public health officials and to the statewide data processor.


The General Assembly of North Carolina enacts:


SECTION 1.  Chapter 130A of the General Statutes is amended by adding a new section to read:

" 130A-16.  Collection and reporting of race and ethnicity data.

All medical care providers required by the provisions of this Chapter to report to the Division of Public Health shall collect and document patient self-reported race and ethnicity data and shall include such data in their reports to the Division."

SECTION 2.  G.S. 131E-214.1 reads as rewritten:

" 131E-214.1.  Definitions.

As used in this Article:

(1)       "Division" means the Division of Health Service Regulation of the Department of Health and Human Services.

(2)       "Freestanding ambulatory surgical facility" means a facility licensed under Part D of Article 6 of this Chapter.

(3)       "Hospital" means a facility licensed under Article 5 of this Chapter or Article 2 of Chapter 122C of the General Statutes, but does not include the following:

a.         A facility with all of its beds designated for medical type "LTC" (long-term care).

b.         A facility with the majority of its beds designated for medical type "PSY-3" (mental retardation).

c.         A facility operated by the North Carolina Department of Correction.

(4)       "Patient data" means data that includes a patient's age, sex, race, ethnicity, zip code, third-party coverage, principal and other diagnosis, date of admi ssion, procedure and discharge date, principal and other procedures, total charges and components of the total charges, attending physician identification number, and hospital or freestanding ambulatory surgical facility identification number.

(5)       "Patient identifying information" means the name, address, social security number, or similar information by which the identity of a patient can be determined with reasonable accuracy and speed either directly or by reference to other publicly available information. The term does not include a number assigned to a patient by a health care provider if that number does not consist of or contain numbers, including social security or drivers license numbers, that could be used to identify a patient with reasonable accuracy and speed from sources external to the health care provider.

(6)       "Statewide data processor" means a data processor certified by the Division as capable of complying with the requirements of G.S. 131E-214.4. The Division may deny, su spend, or revoke a certificate, in accordance with Chapter 150B of the General Statutes, if the statewide data processor does not comply with or is not capable of complying with the requirements of G.S. 131E-214.4. The Division is authorized to promulgate rules concerning the receipt, consideration, and limitation of a certificate applied for or issued under this Article."

SECTION 3.  This act becomes effective January 1, 2010.

In the General Assembly read three times and ratified this the 18th day of July, 2008.



                                                                    s/ Marc Basnight

                                                                         President Pro Tempore of the Senate



                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives



                                                                    s/ Michael F. Easley




Approved 5:36 p.m. this 28th day of July, 2008