Subchapter C. COLLECTION OF DATA AND
INFORMATION

§ 1001.41. Data and information requirements for ambulance services.

 (a)  Ambulance services licensed to operate in this Commonwealth shall collect, maintain and report accurate and reliable patient data and information for calls for assistance in the format prescribed and on paper or electronic forms provided or approved by the Department. An ambulance service shall file the report for any call to which it responds that results in patient care, assessment or refusal of the patient to be assessed. The report shall be made by completing an EMS patient care report and filing it, within 30 days, with the regional EMS council that is assigned responsibilities for the region in which the ambulance is based. It shall contain information specified by the Department. The Department will publish a list of the data elements and the form specifications for the EMS patient care report form in a notice in the Pennsylvania Bulletin and on the Department’s World Wide Web Site. Paper EMS patient care report forms may be secured from regional EMS councils. Electronic reporting shall conform with the requirements published in the Pennsylvania Bulletin notice. The Department will maintain a list of software it has determined to satisfy the requirements for electronic reporting.

 (b)  The Department will identify data items for the EMS patient care report as either confidential or not confidential.

 (c)  An ambulance service shall store the information designated as confidential in secured areas to assure that access to unauthorized persons is prevented, and shall take other necessary measures to ensure that the information is maintained in a confidential manner and is not available for public inspection or dissemination, except as authorized by §  1001.42 (relating to dissemination of information).

 (d)  When an ambulance service transports a patient to a hospital, before its ambulance departs from the hospital, it shall provide to the individual at the hospital assuming responsibility for the patient, either verbally, or in writing or other means by which information is recorded, the patient information designated in the EMS patient care report as essential for immediate transmission for patient care. Within 24 hours following the conclusion of its provision of services to the patient, the ambulance service shall complete the full EMS patient care report and provide a copy or otherwise transmit the data to the receiving facility. The ambulance service may report the data to the receiving facility in any manner acceptable to the receiving facility which ensures the confidentiality of information designated as confidential in the EMS patient care report.

 (e)  The ambulance service shall have a policy for designating which member of the ambulance crew is responsible for completing the EMS patient care report.

 (f)  The ambulance service shall retain a copy of the EMS patient care report for a minimum of 7 years.

   The provisions of this §  1001.41 amended October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363. Immediately preceding text appears at serial pages (247534) to (247535).

 (a)  A person who collects, has access to, or knowledge of, confidential information collected under §  1001.41 (relating to data and information requirements for ambulance services), by virtue of that person’s participation in the Statewide EMS system, may not provide the EMS patient care report, or disclose the confidential information contained in the report or a report or record thereof, except:

   (1)  To another person who by virtue of that person’s office as an employe of the Department is entitled to obtain the information.

   (2)  To another person or agency under contract with or licensed by the Department and subject to strict supervision by the Department to insure that the use of the data is limited to specific research, planning, quality improvement and complaint investigation purposes and that appropriate measures are taken to protect patient confidentiality.

   (3)  To the patient who is the subject of the information released or to a person who is authorized to exercise the rights of the patient with respect to securing the information, such as the patient’s duly appointed attorney-in-fact.

   (4)  Under an order of a court of competent jurisdiction, including a subpoena when it constitutes a court order, except when the information is of a nature that disclosure under a subpoena is not authorized by law.

   (5)  For the purpose of quality improvement activities, with strict attention to patient confidentiality.

   (6)  For the purpose of data entry/retrieval and billing, with strict attention to patient confidentiality.

   (7)  Under §  1001.41 and to another health care provider to whom a patient’s medical record may be released under the law.

 (b)  The Department will regularly disseminate nonconfidential, statistical data collected from EMS patient care reports to providers of EMS for improvement of services.

   The provisions of this §  1001.42 amended October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363. Immediately preceding text appears at serial pages (247535) to (247536).

   This section cited in 28 Pa. Code §  1001.41 (relating to data and information requirements for ambulance services); 28 Pa. Code §  1005.10 (relating to licensure and general operating standards); 28 Pa. Code §  1007.7 (relating to licensure and general operating requirements); and 28 Pa. Code §  1015.1 (relating to quick response service).