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42 U.S.C. § 242uImproving State, local, and Tribal information sharing

submitted 82 years ago by Pub. L. 117-328 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 330 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary, working with state, local, and tribal health officials, may improve how public health data on communicable diseases is shared between the CDC, the Assistant Secretary for Preparedness and Response, and those officials — pulling from providers, labs, health information networks, and health departments. The Secretary must limit shared data to the minimum needed, and may exempt certain data from public disclosure if it could identify an individual.

This section addresses sharing public health data on communicable diseases. (a) In general. Working with state, local, and tribal public health officials, the Secretary may improve the availability of communicable-disease data and the sharing of it between the CDC Director, the Assistant Secretary for Preparedness and Response, and those officials. This data may come from: (1) health care providers and facilities; (2) public health and clinical laboratories; (3) health information exchanges and networks; and (4) state, local, and tribal health departments. (b) Content, form, and manner. The Secretary must work with officials and stakeholders on the content, form, and manner — including how data is deidentified — that best helps state, local, and tribal health departments respond to communicable diseases, including how demographic and other data is collected and reported. These requirements must line up with the standards the Secretary adopts under section 300jj–14. (c) Decreased burden. In coordinating this work, the Secretary must make reasonable efforts to limit the public health data reported to only what's minimally necessary for the public health purpose. (d) Exemption of certain public health data from disclosure. Acting through the CDC Director, the Secretary may exempt public health data gathered under this section from disclosure under section 552(b)(3) of title 5 (a Freedom of Information Act exemption) if: (1) an individual can be identified through the data; or (2) current scientific or statistical methods show there's at least a very small risk that the data, combined with the request or other available information or technology, could be used to figure out who an individual is.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary may, in consultation with State, local, and Tribal public health officials, carry out activities to improve the availability of appropriate and applicable public health data related to communicable diseases, and information sharing between, the Director of the Centers for Disease Control and Prevention, the Assistant Secretary for Preparedness and Response, and such State, local, and Tribal public health officials, which may include such data from—

(1)

health care providers and facilities;

(2)

public health and clinical laboratories;

(3)

health information exchanges and health information networks; and

(4)

State, local, and Tribal health departments.

(b) Content, form, and manner

The Secretary shall, consistent with the requirements of this section, work with such officials and relevant stakeholders to provide information on the content, form, and manner in which such data, deidentified as applicable, may most effectively support the ability of State, local, and Tribal health departments to respond to such communicable diseases, including related to the collection and reporting of demographic and other relevant data elements. Such form and manner requirements shall align with the standards and implementation specifications adopted by the Secretary under section 300jj–14 of this title, as applicable.

(c) Decreased burden

In facilitating the coordination of efforts under subsection (a), the Secretary shall make reasonable efforts to limit reported public health data to the minimum necessary information needed to accomplish the intended public health purpose.

(d) Exemption of certain public health data from disclosure

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may exempt from disclosure under section 552(b)(3) of title 5 public health data that are gathered under this section if—

(1)

an individual is identified through such data; or

(2)

there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the information, the request, and other available data sources or the application of technology could be used to deduce the identity of an individual.

Source credit: (July 1, 1944, ch. 373, title III, § 310B, as added Pub. L. 117–328, div. FF, title II, § 2213(d), Dec. 29, 2022, 136 Stat. 5737.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 117-328 · 136 Stat. 5737

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-328 on 1944-07-01.

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