US Census Bureau- American Community Survey (ACS)
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TO: ALL LONG TERM CARE FACILITIES (including Assisted Living)
FROM: JEFF BUSKA, QUALITY ASSURANCE DIVISION ADMINISTRATOR MT DPHHS
Recent inquiries have been made regarding the U.S Census and the American Community Survey contacting facilities for patient/resident information. The Department has provided the links below to provide all providers with additional information.
When contacted by anyone identifying him or herself as working for the Census Department and/or American Community Survey (ACS) facility staff need to inform the administrator. The facility administrator can verify that the person who called works for ACS by calling the Denver Office of ACS at 1-800-852-6159 prior to responding to the request.
A facility is not required to obtain a release from the resident to provide information, such as the name of residents over the phone or otherwise.
Furthermore, Montana Health Care facilities will not be citing deficiencies related to confidentiality and HIPAA, if the facility is providing this information to the Census Department or American Community Survey.
CFR 164.512 (f) (1) “Standard: disclosures for law enforcement purposes (1) Permitted disclosures: Pursuant to process and as otherwise required by law” is the clearest authority for permitting release. “Required by law” (45 CFR 164.103.) means “a mandate contained in law that compels an entity to make a use or disclosure of protected health information and that is enforceable in a court of law. Section 13 USCS 221, and many other statues compel an entity to provide census information.
- FAQ about American Community Survey for the U.S. Census
- US Census Web site regarding ACS
- US DPHHS Letter from Director of Civil Rights (regarding HIPPA and ACS) PDF Format
Page last updated: 04/24/2007
