(a) Data in the Arkansas Healthcare Transparency Initiative shall:
(1) To the extent authorized by the State Insurance Department, be available:
(A) When disclosed in a form and manner that ensures the privacy and security of protected health information as required by state and federal laws, as a resource to insurers, employers, purchasers of health care, researchers, state agencies, and healthcare providers to allow for assessment of healthcare utilization, expenditures, and performance in this state, including without limitation as a resource for hospital community health needs assessments; and
(B) To state programs regarding healthcare quality and costs for use in improving health care in the state, subject to rules prescribed by the department conforming to state and federal privacy laws or limiting access to limited-use data sets; and
(2) Not be used to:
(A) Disclose trade secrets of submitting entities;
(B) Reidentify or attempt to reidentify an individual who is the subject of any submitted data without obtaining the individual's consent; or
(C) Create or augment data contained in a national claims database.
(b) Notwithstanding the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or any other provision of law, the Arkansas Healthcare Transparency Initiative shall not publicly disclose any data that contains direct personal identifiers.
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