Are there any special considerations regarding clinical data and privacy rights?

Yes, there are special considerations regarding clinical data and privacy rights in South Carolina. The South Carolina Code of Laws outlines how protected health information (PHI) is to be used and disclosed. PHI is defined as any individually identifiable information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual. If an individual’s PHI is to be used or disclosed, the patient must provide written consent. This includes use for research purposes. In some cases, South Carolina law requires that the patient be notified as to how their PHI will be used and disclosed. A patient may also revoke their consent to the use or disclosure of their PHI at any time. The Health Insurance Portability and Accountability Act (HIPAA) provides additional privacy protection by prohibiting hospitals, health care providers, and other entities from using or disclosing PHI without the individual’s written authorization. HIPAA also requires health care providers to take serious steps to protect the privacy of their patients’ PHI. All entities that handle PHI, including health care providers, hospitals, and research centers must adhere to both South Carolina and federal laws in order to protect the privacy rights of individuals. Every patient should be aware of their right to protect their own privacy and to consent to use or disclosure of their PHI.

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Are there any special considerations regarding clinical data and privacy rights?

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