* § 2816. Statewide planning and research cooperative system. 1. (a)\nThe statewide planning and research cooperative system in the department\nis continued, as provided in and subject to this section, within amounts\nappropriated for that purpose. The system shall be developed and\noperated by the commissioner in consultation with the council, as may be\nspecified by regulation of the commissioner. Any component or components\nof the system may be operated under a different name or names, and may\nbe structured as separate systems. In making regulations under this\nsection, subsequent to April first, two thousand eleven, the\ncommissioner shall consult with the superintendent of financial services\nor the head of any agency that succeeds the department of financial\nservices, health care providers, third-party health care payers, and\nadvocates representing patients; protect the confidentiality of\npatient-identifiable information; promote the accuracy and completeness\nof reporting; and minimize the burden on institutional and\nnon-institutional health care providers and third-party health care\npayers.\n (b) As used in this section, unless the context clearly requires\notherwise:\n (i) "Health care" means any services, supplies, equipment, or\nprescription drugs referred to in subdivision two of this section.\n (ii) "Health care provider" includes, in addition to its common\nmeanings, a clinical laboratory, a pharmacy, an entity that is an\nintegrated organization of health care providers, and an accountable\ncare organization of health care providers.\n (iii) "System" means the statewide planning and research cooperative\nsystem under this section, and any separate system under this\nsubdivision.\n (iv) "Third-party health care payer" includes, but is not limited to,\nan insurer, organization or corporation licensed or certified pursuant\nto article thirty-two, forty-three or forty-seven of the insurance law,\nor article forty-four of the public health law; or an entity such as a\npharmacy benefits manager, fiscal administrator, or administrative\nservices provider that participates in the administration of a\nthird-party health care payer system.\n (v) "Covered person" is a person covered under a third-party health\ncare payer contract, agreement, or arrangement.\n 2. Notwithstanding any provision of law to the contrary, regulations\ngoverning the system shall include, but not be limited to, the\nfollowing:\n (a) Specification of patient, covered person, claims, and other data\nelements and format which shall be reported including data related to:\n (i) inpatient hospitalization data from general hospitals;\n (ii) ambulatory surgery data from hospital-based ambulatory surgery\nservices and all other ambulatory surgery facilities licensed under this\narticle;\n (iii) emergency department data from general hospitals;\n (iv) outpatient, clinical laboratory, and prescription data, including\nbut not limited to data from or relating to services, supplies,\nequipment, and prescription drugs provided or ordered by general\nhospitals and diagnostic and treatment centers licensed under this\narticle, pharmacies, clinical laboratories, and other health care\nproviders;\n (v) covered person and claims data; and\n (vi) the data specified in this paragraph shall include the\nidentification of patients transferred, admitted or treated subsequent\nto a medical, surgical or diagnostic procedure by a licensed health care\nprofessional or at a health care site or facility.\n (b) Standards to assure the protection of patient privacy in data\ncollected, published, released, used and accessed under this section,\nincluding compliance with applicable federal law.\n (c) Standards for the publication, release, and use of and access to\ndata reported in accordance with this section, including fees to be\ncharged.\n (d) Provisions requiring specified health care providers and\nthird-party health care payers to report data to the s
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