The Public Health Authoritys Disclosure Policy Law Constitutional Administrative Essay

Published Date: 02 Nov 2017

62. Public Health Nuisances,- (1) It shall be unlawful for any person or body to create, aggravate, or allow the existence of a public health nuisance.

(2) Upon receiving a complaint of an act of nuisance and when there is probable cause to believe that a nuisance exists generally or within the Authority’s jurisdiction, the State or the Local Public Health Authority shall immediately and thoroughly investigate any existing or suspected nuisance.

(3) The State or Local Public Health Authority may issue an order to avoid, correct, or remove, at the owner’s expense, any property or condition that the Authority determines to be a nuisance and the Order shall:

specify the nature of the nuisance and the method(s) to abate the nuisance, including:

require to close, direct, and compel the evacuation of, or decontaminate or cause to be decontaminated any immovable property as needed; or

to decontaminate or cause to be decontaminated, or destroyed, any material, goods, or conditions, and

designate a reasonable time within which the nuisance must be abated.

(4) If a property owner or occupant does not comply with the order within the specified time, the State or Local Public Health Authority may cause the nuisance to be removed or abated at the owner or occupant’s expense.

(5) Whenever the removal or abatement of a nuisance requires immediate action by the State or Local Public Health Authority, the Authority may pay the costs of removal or abatement and seek reimbursement for expenses from the responsible persons.

(6) If the person responsible for a nuisance refuses to pay or reimburse expenses incurred by the State or Local Public Health Authority, expenses may be:

(i) Assessed against affected property as a lien;

(ii) Collected from rents paid on immovable property, pursuant to a order of the Public Health Adjudicatory Body under the Act obtained by the State or Local Public Health Authority; or

(iii) Collected as arrears of land revenue.

(7) An occupant or other person who caused or permitted a nuisance to exist is liable to the owner of the premises for the amount paid by the owner or assessed against the property.

63. Public Health Officials,- (1) The State Public Health Authority or a Local Public Health Authority may for the purpose of making administrative searches and inspections to check and remove sources of public nuisances, appoint such number of individual officials as it may deem proper, to be called Public Health Officials.

(2) With the consent of the owner or custodian, a Public Health Official may enter any property at any reasonable time to inspect, investigate, evaluate, conduct tests, or take samples for testing as may be reasonably necessary to determine compliance with any law administered by the State or Local Public Health Authority.

(3) If the Public Health Official is denied entry, application may be made to the Public Health Adjudicatory Body for an administrative search warrant authorizing the investigation, evaluation, inspection, testing, or taking of samples for testing.

(4) When a nuisance is known by a State or Local Public Health Authority to exist on the premises and the nuisance poses an immediate threat to an individual’s or the public’s health, a Public Health Official may enter the affected property without the consent of the owner or custodian and without an administrative search warrant to inspect, investigate, and evaluate the conditions on the premises as may be reasonably necessary to abate the nuisance.

(5) A Public Health Official may enter any public place to inspect, investigate, evaluate, conduct tests, or take samples for testing as may be reasonably necessary to determine compliance with the provisions of any law administered by the State or Local Public Health Authority.

(6) Consistent with the terms and conditions of a license, a Public Health Official may enter at any reasonable time a property (on which activities are conducted pursuant to a Official license) to inspect, investigate, evaluate, conduct tests, or take samples for testing where reasonably necessary to determine compliance with the conditions of the license.

(7) Nothing contained in this section shall be deemed to limit the authority of any State or Local Public Health Authority to conduct an administrative search or inspection of public water or food supplies, restaurants, places of lodging, or any other public or private place under existing Central or State law.

64. Certain Business and Activities to be licensed,- (1) No business or activity specified in the Second Schedule and such other business or activity as the Local Health Authority may by Notification specify from time to time, shall be run or undertaken except on a Licence granted under this section by the Local Health Authority in whose area of regulation such business or activity is being carried on or proposed to be undertaken.

(2) The State Public Health Authority shall within three months make regulations requiring a license to own or operate a place or business or engage in an activity that may be detrimental to the public’s health.

65. Procedure for licensing,- (1) Every person and in case of an organisation, the proprietor, manager or supervisor thereof engaged in a business or activity specified in section 64 shall obtain a license by making an application on prescribed form to the jurisdictional Local Public Health Authority accompanied by the license fee specified by such Authority.

(2) On receiving a license application, the Local Public Health Authority may inspect the applicant’s facilities, operations, and premises to determine whether the applicant meets the conditions of the license and issue a license to each applicant who meets the conditions of the license for conducting the business or activity on such conditions as it may deem fit to impose to ensure existence of conditions congenial to good health.

(3) Whenever the Local Public Health Authority finds that a violation of a condition of a license has occurred or is occurring, the Authority shall give written notice to the recipient describing the nature of the violation and requiring that the violation be set right within a time to be specified in the Notice.

(4) The Local Public Health Authority may initiate proceedings to revoke the license if the recipient refuses or fails to comply with the notice in the time and manner directed in the notice.

(5) When the Local Public Health Authority determines that a violation of a license presents an imminent threat to the public’s health, the Authority may take immediate action to halt the activities of the recipient that are in violation of the license.

(6) A person holding a license must renew the license prior to its expiration date by submitting a renewal application and accompanying fee to be determined by the State or Local Public Health Authority.

(7) The Authority shall not renew the license of a person that has not corrected the deficiencies or violations of the license conditions.

PART D – HEALTH INFORMATION PRIVACY

66. Protected Health Information,- (1) Protected health information may be acquired, used, disclosed, and stored only consistent with this Part.

(2) A State or Local Public Health Authority shall not acquire Protected Health Information unless:

The acquisition relates directly to a Public Health purpose;

The acquisition is reasonably likely to achieve such purpose, taking into account the provisions of this section and other governing laws, and the availability of resources or means to achieve such purpose, and

The Public Health purpose cannot otherwise be achieved as well or better with non-identifiable health information.

(3) Notwithstanding anything said in sub-section (1) a State or Local Public Health Authority shall not acquire Protected Health Information by any secret means.

(4) A State or Local Public Health Authority shall before implementing a determination by it to acquire or store Protected Health Information, announce its intentions to acquire or store Protected Health Information and the purposes for which the information will be used.

(5) Such announcement shall be made through public written notice distributed and posted in a manner as will reasonably inform members of the affected community and such notice shall not identify any individual who is or may be the subject of Protected Health Information.

(6) Where a State or Local law requires counselling services regarding a reportable disease, such counselling services shall include information that the disease is reportable to the State or Local Public Health Authority and a description of the purposes for which the individual’s Protected Health Information will be used by such Authority.

(7) No State or Local Public Health Authority shall acquire Protected Health Information from another State, or Local Public Health Authority, unless the acquisition is consistent with the requirements of this Section.

67. Use of Protected Health Information,- (1) Protected Health Information shall not be used by a State or Local Public Health Authority:

for a commercial purpose, or

solely, for a purpose other than that is directly related to the purpose for which the information was acquired.

(2) A State or Local Public Health Authority may use Protected Health Information for Public Health purposes that are not directly related to the purpose for which the information was acquired, provided the Authority meets the requirements of Section 95 before using such information.

(3) Any use of Protected Health Information permitted by this Chapter shall be limited to the minimum amount of information which the Public Health Official using the information reasonably believes is necessary to accomplish the Public Health purpose.

(4) A State or Local Public Health Authority may not use Protected Health Information for Public Health, Epidemiological, Medical, or Health Services Research unless,

It is not feasible to obtain the informed consent of the individual who is the subject of the information;

Identifiable information is necessary for the effectiveness of the research project;

The minimum amount of information necessary to conduct the research is used;

The Research utilizing the Protected Health Information will likely contribute to achieving a Public Health purpose

(5) Such use shall not be made pursuant to assurances of protections except through the execution of a confidentiality agreement after review and approval of an Institutional Review Board and such agreement shall require any person receiving such information to adhere to protections for the privacy and security of the information equivalent to or greater than such protections provided in this section.

68. Disclosure of Protected Health Information,- (1) Protected Health Information is not public information, and may not be disclosed without the informed consent of the individual or as the case may be his legal representative who is the subject of the information, except as hereinafter provided.

Explanation: For the purposes of this Part, "informed consent" means a written authorization for the disclosure of Protected Health Information on a form substantially similar to one promulgated by the State Public Health Authority which is signed in writing or electronically by the individual who is the subject of the information and the authorization shall be dated and shall specify (a) to whom the disclosure is authorized; (b) the general purpose for such disclosure, and (c) the time period within which the authorization for the disclosure is effective.

(2) If the authorization does not contain an expiration date or has not previously been revoked, it automatically expires [six months] after the date it is signed.

(3) An individual may not revoke an authorization except after informing the person who originally received the authorization that it has been revoked.

(4) A general authorization for the disclosure of health-related information shall not be construed as written authorization pursuant to informed consent for the disclosure of Protected Health Information, unless such authorization also complies with this section.

(5) When the individual is not competent or is otherwise legally unable to give informed consent, written authorization may be provided by the individual’s legal representative.

Explanation: A minor under the age of 18 years shall always be deemed unable to give informed consent.

(6) Protected Health Information shall be disclosed with the informed consent of the individual who is the subject of the information to any person and for any purpose for which the disclosure is authorized pursuant to informed consent.

(7) Disclosure shall be limited to the minimum amount of information which the person making the disclosure reasonably believes is necessary to accomplish the purpose of the disclosure, except when the disclosure is authorized through the informed consent of the individual who is the subject of the information.

(8) Disclosure shall be accompanied or followed by (in cases of oral disclosures, within three days) a Statement in writing concerning the Public Health Authority’s disclosure policy, which shall include the following or substantially similar language, namely:

"This information has been disclosed to you from confidential Public Health records protected by the State or the Central law. Any further disclosure of this information in an identifiable form may be prohibited without the written informed consent of the individual who is the subject of the information or as otherwise permitted by Central or State law. Unauthorized disclosure of this information may result in criminal or civil penalties."

69. Disclosures without Informed Consent,- Protected Health Information may be disclosed without the informed consent of the individual who is the subject of the information, where such disclosure is made,

Directly to the individual;

To appropriate Central Authorities or authorities as required by Central or State law;

To Health Care Personnel to the extent necessary in a medical emergency or a State of Public Health Emergency to protect the health or life of the individual who is the subject of the information from serious, imminent harm;

To a health overseeing Authority to enable the Authority to perform a health oversight function authorized by law if:

The State or Local Public Health Authority itself is the focus of the oversight inquiry;

The Protected Health Information is not removed from the premises, custody, or control of the State or Local Public Health Authority; and

The health oversight Authority does not record the names or other identifying information of individuals who are the subjects of Protected Health Information;

To report information in a certificate of death, autopsy report, or related documents prepared under applicable laws or regulations; or

To identify a deceased individual or the individual’s manner of death, or provide necessary information about a deceased individual who is a donor or prospective donor of an anatomical gift.

70. Disclosures for Criminal or Civil Purposes,- (1) No Protected Health Information shall be disclosed, nor open to discovery, or production before a Public Health Adjudicatory Body pursuant to a subpoena.

(2) No Public Health Agent or other person having knowledge of such information subsequent to its acquisition by the State or Local Public Health Authority shall be compelled to testify to content of the information, in any civil, criminal, administrative, or other legal proceeding, except in the following situations, namely:

A State or Local Public Health Authority shall seek an order of the Public Health Adjudicatory Body under the Act granting the disclosure of Protected Health Information upon an application showing a clear danger to an individual or the public’s health that can only be averted or mitigated through a disclosure by the State or Local Public Health Authority.

Upon receiving an application for an order authorizing disclosure pursuant to this Section, the Public Health Adjudicatory Body shall enter an order directing that:

That all materials which are part of the application and decision of the Public Health Adjudicatory Body be sealed

That such materials shall not be made available to any person except to the extent necessary to conduct proceedings concerning the application, including any appeal, and

That all proceedings concerning the application be conducted in camera.

(2) Any individual about whom Protected Health Information is sought and any person holding Protected Health Information from whom disclosure is sought,

(i) shall be notified of an application for its disclosure pursuant to this Section; and

(ii) may file a written response to the application, or appear for the limited purpose of providing evidence on the statutory criteria for the issuance of an order pursuant to this Section.

Provided that the adjudicatory authority may grant an order without such notice or appearance where an application by a State or Local Public Health Authority or authorized Public Health Official requires immediate action to avert or mitigate a clear danger to the public’s health.

Provided further, that in assessing a clear danger, the adjudicatory authority shall provide written findings of fact and shall weigh the need for disclosure against individual privacy interests and any Public Health purpose, which may be curtailed by disclosure.

(3) An order authorizing disclosure of Protected Health Information shall:

Limit disclosure to that information which is necessary pursuant to the application;

Limit disclosure to those persons who need the information and specifically prohibit re-disclosure to any other persons; and

Include any other measures that the Public Health Adjudicatory Body deems necessary to limit any disclosures not authorized by the order.

71. Individual Access to Protected Health Information,- (1) The State or a Local Public Health Authority shall,-

within fourteen days of the receipt of a request to review Protected Health Information, provide the requestor an opportunity, during regular business hours, to inspect copies of such information in the possession of such Authority which concerns or relates to the requestor.

within ten days of the receipt of a request for copies of a requestor’s Protected Health Information, provide without charge copies of Protected Health Information in the possession of the Authority which the requestor is authorized to inspect.

(2) Upon request, the State or Local Public Health Authority shall provide an explanation of any code, abbreviation, notation, or other marks appearing in the Protected Health Information.

(3) The State or Local Public Health Authority shall not be responsible for producing or reformulating Protected Health Information, solely for the purposes of clarification, in other than its original form.

Explanation: For the purposes of this Section,

"request" means a written, dated, and signed correspondence in paper or electronic form through which the identity of the individual executing the correspondence can be verified, and

"requestor" means any individual or as the case may be his legal representative who makes a request

72. Limitations on Individual Access to Information,- (1) A State or Local Public Health Authority may place reasonable limitations on the time, place, and frequency of any inspection and copying requests and may ask to review the Protected Health Information with the requestor upon inspection.

Explanation: Such review shall not be a prerequisite to providing the information.

(2) Any information contained in the Protected Health Information of the requestor that relates to the health status or other confidential information of other individuals shall be deleted for the purposes of inspection and copying.

(3) Any information contained in the Protected Health Information of the requestor that is not related to the requestor’s health status may be deleted for the purposes of inspection and copying.

(4) A State or Local Public Health Authority may deny a requestor the opportunity to inspect Protected Health Information in the possession of the Authority or may deny a request for copies of such information if:

The Authority can show via clear and convincing evidence that the review of the Protected Health Information will cause substantial and identifiable harm to the requestor or others which outweighs the requestor’s right to access the information;

A parent or legal guardian has requested access to Protected Health Information concerning an individual over the age of [to be inserted consistent with State law] who is the subject of the information and the individual objects to such access of the information within seven days of receipt of written notice of the request by the State or Local Public Health Authority in possession of the information; or

The information is compiled principally in anticipation of, or for use in, a legal proceeding.

(5) If a State or Local Public Health Authority denies a request to inspect or copy Protected Health Information, it shall notify the requestor in writing of the reasons for denying such request.

(6) A requestor may appeal such decisions in accordance with such regulations rules as the State Public Health Authority may prescribe.

73. Non-identifiable Health Information.- (1) Non-identifiable data may be acquired, used, disclosed, or stored for any purpose or in any manner.

(2) Non-identifiable health information shall be used by a State or Local Public Health Authority whenever possible:

only consistent with the accomplishment of Public Health purposes, and

in a research project only as is consistent with the purposes of the research and expunged after the conclusion of the project

(3) Protected Health Information that cannot be put to use shall, at the earliest opportunity, be made non-identifiable and expunged.

74. Expunging un-usable Information,- Protected Health Information and Non-identifiable information whose use by a State or Local Public Health Authority no longer furthers the Public Health purpose for which it was acquired shall be expunged in a confidential manner.

75. Information and Surveillance Activities,- (1) The State, Local and Public Health Authorities shall collect, analyse, and maintain databases of identifiable or non-identifiable information related to:

Behavioural risk factors identified for specific Conditions of Public Health Importance;

Morbidity and mortality rates for Conditions of Public Health Importance;

Community indicators relevant to Conditions of Public Health Importance; and

Any other data needed to accomplish or further the mission or goals of Public Health, or provide Essential Public Health Services and Functions.

(2) The State or Local Public Health Authority may obtain such information from Central, State, Tribal, and Local Governmental Authorities; Health Care Providers or facilities; or other private and public organizations.

(3) The Authority may use information available from other Governmental and private sources, such as the Behavioural Risk Factor Surveillance System established by the Centres for Disease Control and Prevention, reports of hospital discharge data, information included in death certificates, other vital statistics, and public information.

(4) The Authority may request information from or inspect health care records maintained by Health Care Providers that identify patients or characteristics of patients with reportable diseases or other conditions of Public Health importance.

76. Information lines within the System,- (1) Each Local Public Health Authority shall transmit to the State Public Health Authority [at least weekly] any information requested by the State Public Health Authority concerning the reporting of diseases or conditions.

(2) The State Public Health Authority may require expedited reporting by Local Public Health Authorities for designated diseases or conditions, including those referred to in subsection (1), by establishing appropriate networking mechanism within the System

(3) The State Public Health Authority shall make available to the Central or any Local Public Health Authority all information collected regarding reportable diseases consistent with data use principles in this chapter.

77. Electronic reporting systems,- The State Public Health Authority shall establish State-wide systems for electronic reporting to improve the accuracy and timeliness of reported or transmitted information. The system shall be technologically designed to ensure compatibility with and other State and Central Public Health reporting systems.

78. Reporting,- For the purposes of this section, the State Public Health Authority shall,-

Notify in the Official Gazette a list of Reportable Diseases, including diseases or conditions of humans or animals caused by exposure to toxic substances, micro-organisms, or any other pathogens.

prescribe the time, manner, and person(s) responsible for reporting for each disease or condition of Public Health importance.

classify each reportable disease and condition according to its nature and the severity of its effect on the public’s health.

regularly maintain and may revise the list of reportable disease and conditions.

establish registries for reportable diseases and conditions.

fully disseminate reporting requirements to Health Care Providers or other persons required under this Section to report diseases or conditions.

May enter into agreements or other arrangements with Central and tribal Public Health Authorities for receipt and sharing of information regarding reportable diseases or other conditions of Public Health importance.

79. Report by Health Care Providers,- (1) Every Health Care Provider shall report to the State or Local Public Health Authority all cases of individuals who harbour any condition of Public Health importance that may be potential causes or indicators of a Public Health emergency.

Explanation I: Reportable conditions include, but are not limited to, the diseases caused by the biological agents listed in the Fourth Schedule and any illnesses or health conditions identified by the State Public Health Authority.

Explanation II: For the purposes of this Section, the definition of "Health Care Provider" includes out-of-State medical laboratories, provided that such laboratories have agreed to the reporting requirements of this State.

(2) A pharmacist shall report any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be potential causes or indicators of a Public Health emergency. Prescription-related events that require a report include, but are not limited to:

(i) an unusual increase in the number of prescriptions of antibiotics or other pharmaceuticals or sales of over-the-counter pharmaceuticals to treat conditions that the State Public Health Authority identifies through regulations; and

(ii) any prescription that treats a disease that is relatively uncommon, may be associated with bio-terrorism, or may be caused by a biological agent referred to in Section

80. Reporting animal diseases,- (1) Every veterinarian, livestock owner, veterinary diagnostic laboratory director, or other person having the care of animals shall report animals having or suspected of having any diseases or conditions that may be potential causes or indicators of a Public Health emergency.

(2) For the purposes of this section, the report shall be made electronically or in writing within [twenty-four hours] to the State or Local Public Health Authority and the report shall include as much of the following information as is available about:

(i) The specific disease, illness, or condition that is the subject of the report;

(ii) The patient’s name, date of birth, sex, race, occupation, and current home and work addresses;

(iii) The name and address of the reporting individual;

(iv) Information concerning human cases related to animal or insect bites, the suspected locating information of the biting animal or insect, and the name and address of any known owner;

(v) Information concerning animal cases, the suspected locating information of the animal, and the name and address of any known owner; and

(vi) Any other information needed to locate the human or animal subject for follow-up.

81. Suspected cases of reportable diseases,- (1) Every person who is required to make reports under sections 78, 79 and 80 above, shall also provide information on all known or suspected cases of individuals having a reportable disease or condition.

(2) Any other person who knows or suspects a case of a reportable disease or condition may provide available information concerning the case to the Local or State Public Health Authority, especially where the case has not been previously reported as required by the State Public Health Authority.

(3) Such person who is required to report a disease or other condition of Public Health importance shall use ordinary skill in determining the presence of the reportable disease or condition. If the determination of the disease or condition is disputable and the disease or condition may have potential Public Health significance, a State or Local Public Health Authority shall request tests through the [State laboratory] or a certified laboratory to help resolve uncertainty.

82. Restrictions on Media Reporting, - (1) Without Prejudice to the regulations of Chapter V no person engaged in or concerned with Publication of Information through the print or electronic or other media, including the internet shall not publish any Protected Health Information or non-identifiable Health Information except with the Permission of the Public Health Information Officer.

(2) Such person so engaged in or concerned with Publication of Information to whom information is disclosed in the Sections 66, 67 or 68 shall abide by the conditions of Sections 70, 84 or 85 as may be applicable.

(3) Any person who publishes any Protected Health Information or non-identifiable Health Information in contravention of the provisions of this section shall on conviction be punishable, in each case, with imprisonment extending up to one year or with fine not exceeding One lakh rupees or with both.

83. Rights of the deceased,- The rights of a deceased individual as provided by this Part may be exercised for a period of [two] years after the date of death by one of the individuals in the following order of priority, subject to any written authorization for another person to act by the decedent:

an executor or administrator of the estate of a deceased individual, or one soon to be appointed in accordance with a will or other legal instrument;

a surviving spouse or domestic partner;

an adult child; or

a parent

84. Obligation of persons to whom information is disclosed,- (1) No person to whom Protected Health Information has been disclosed shall disclose the information to another person except as authorized by this Chapter.

(2) Nothing in this subsection shall apply to,

The individual who is the subject of the information;

The individual’s legal representative where the individual is unable to give informed consent under Section 68(5); or

Any person who is specifically required by Central or State law to disclose the information.

85. Record of Disclosures,- (1) A State or Local Public Health Authority shall establish a written or electronic record of any of its disclosures of Protected Health Information authorized by this Part, which shall be treated as Protected Health Information for the purposes of this Part.

(2) The record of disclosures shall include the following information:

The name, title, address, and institutional affiliation, if any, of the person to whom Protected Health Information is disclosed;

The date and purpose of the disclosure;

A brief description of the information disclosed; and

The legal authority for the disclosure.

(3) This record shall be maintained by the State or Local Public Health Authority for a period of ten years, even if the Protected Health Information disclosed is no longer in the Authority’s possession.

86. Security Safeguards,- (1) The State and Local Public Health Authorities have a duty to acquire, use, disclose, and store Protected Health Information in a confidential manner that safeguards the security of the information.

(2) State and Local Public Health Authorities and other persons who receive Protected Health Information disclosed by any Authority, other than the individual or as the case may be his legal representative who is the subject of the information, shall take appropriate measures to protect the security of such information, including:

Maintaining such information in a physically secure environment, that:

Minimizes the physical places in which such information is used or stored; and

Prohibits the use or storage of such information in places where the security of the information may likely be breached or is otherwise significantly threatened;

Maintaining such information in a technologically secure environment;

Limiting access to such information to those persons who have a demonstrable need to access such information;

Reducing the length of time that such information is used or stored in a personally-identifiable form to that period of time which is necessary for the use of the information;

Eliminating unnecessary physical or electronic transfers of such information;

Expunging duplicate, unnecessary copies of such information;

Developing and distributing written guidelines concerning the preservation of the security of such information;

Assigning personal responsibility to persons who acquire, use, disclose, or store such information for preserving its security;

Providing initial and periodic security training of all persons who acquire, use, disclose, or store such information;

Thoroughly investigating any potential or actual breaches of security concerning such information;

Imposing disciplinary sanctions for any breaches of security when appropriate; and

Undertaking continuous review and assessment of security standards.

87. Display of Written Protections,- Wherever Protected Health Information is accessible by Public Health Officials on the premises of a State or Local Public Health Authority, there shall be prominently displayed a notice in writing concerning the Authority’s disclosure policy, which shall include the following or substantially similar language, namely:

"Protected Health Information contains health-related information about individuals which may be highly-sensitive. This information is entitled to significant privacy protections under Central and State law. The disclosure of this information outside State and Local Public Health Authorities in an identifiable form is prohibited without the written consent of the individual who is the subject of the information, unless specifically permitted by Central or State law. Unauthorized disclosures of this information may result in significant criminal or civil penalties."

88. Obligations of Agents or other authorized individuals,- All Public Health officials or other persons having authority at any time to acquire, use, disclose, or store Protected Health Information shall:

Be informed of their personal responsibility for preserving the security of Protected Health Information;

Execute a confidentiality Statement prior to entering the premises, or as soon thereafter as possible, pursuant to their review of written guidelines consistent with this Section concerning the preservation of the security of such information;

Fulfil their personal responsibility for preserving the security of Protected Health Information to the degree possible; and

Report to the Public Health information officer any known security breaches or actions which may lead to security breaches. The identity of any person making a report under this subsection shall not be revealed, without the consent of the person making the report, to anyone other than investigating Public Health officials or law enforcement officers.

89. Issuance of Public Reports,- (1) The State, Local and Tribal Public Health Authorities shall prepare in accordance with guidelines issued by the Public Health information officer for the State Public Health Authority an annual report concerning the status of security protections of Protected Health Information, which shall be distributed to the Public Health information officer for the State Public Health Authority.

(2) The Public Health information officer for the State Public Health Authority shall prepare a summary report on the status of security protections of Protected Health Information for all State or Local Public Health Authorities within [ninety days] of the date in which reports required under this Section are requested.

(3) This report shall be issued to the [State legislature] with any recommendations for relevant State laws or amendments that may improve the security of Protected Health Information.

90. Accuracy of Information,- (1) The State and Local Public Health Authorities shall reasonably ensure the accuracy and completeness of Protected Health Information.

(2) If after inspection or review of copies of Protected Health Information pursuant to Section 71, a requestor finds the information incorrect or false, he may request that the State or Local Public Health Authority correct, amend, or delete erroneous, incomplete, or false information and the Authority shall be obliged to correct, amend, or delete erroneous, incomplete, or false information within fourteen days of the request, provided that such correction or modification is in its opinion reasonably supported burden of showing which shall lie on the requestor

(3) The requestor shall be notified in writing by the Authority of any corrections, amendments, or deletions made, or, in the alternative, the reasons for denying any request in whole or part.

(4) A requestor may appeal any decision of an Authority denying a request to correct, amend, or delete erroneous, incomplete, or false information under administrative review procedures as promulgated by the State Public Health Authority.

(5) A brief, written Statement from the requestor challenging the veracity of the Protected Health Information shall be retained by the State or Local Public Health Authority for as long as the information is possessed.

(6) The Authority shall make a notation of the disputed entries in the requestor’s Protected Health Information, including the original language and the requestor’s proposed change and any such entry shall be provided to any person who is authorized to receive the Protected Health Information.

(7) A State or Local Public Health Authority shall take reasonable steps to notify all persons indicated by the requestor, or others for which known acquisitions or disclosures have previously been made, of corrections, amendments, or deletions made to Protected Health Information.