Sensitive categories
American Samoa Public Health Act: identifiable health information held by the Department of Health
American Samoa Public Health Act, ASCA 13.0216 to 13.0223American Samoa Code Annotated text, American Samoa Bar Association (asbar.org)
In force. Binds public and private bodies.
What this law does
Public Law 30-11 created new chapters 02 and 03 under title 13 of the American Samoa Code Annotated and was approved on . In the Act, the Department means the Department of Health.
Identifiable health information includes information in any form that relates to an individual's past, present, or future physical or mental health status, condition, treatment, service, products purchased, or provision of care and reveals the identity of the individual whose health care is the subject of the information. Identifiable health information may only be acquired, used, disclosed, and stored consistent with the requirements of the Act.
The Department of Health may not secretly acquire identifiable health information. The Department of Health may acquire identifiable health information only where the acquisition relates directly to a public health purpose and two further conditions are met. The Department of Health may use identifiable health information solely for public health purposes that are directly related to the purpose for which the information was acquired.
The Department of Health may not use identifiable health information for commercial purposes. Identifiable health information is not public information and may not be disclosed without the written authorization of the individual or the individual's legal representative, except as the Act and other controlling law provide. No person to whom identifiable health information has been disclosed may disclose it to another person except as the Act or other controlling law authorizes.
The Department of Health must keep a written or electronic record of its authorized disclosures of identifiable health information. The Department of Health must maintain its record of authorized disclosures for a period of ten years. When the Department of Health receives identifiable health information from any source other than the individual who is its subject, the Department must take appropriate measures to protect the security of that information.
The security measures required of the Department of Health include thoroughly investigating any potential or actual breaches of security concerning the information. Department personnel and other persons with authority to acquire, use, disclose, or store identifiable health information must report to the director, or the director's designee, any known security breaches or actions that may lead to security breaches.
Within fourteen days of a request to review identifiable health information, the Department of Health must give the requestor an opportunity during regular business hours to inspect copies of the information that concerns the requestor. Within ten days of a request for copies of the requestor's identifiable health information, the Department of Health must provide the copies without charge.
The Department of Health must correct, amend, or delete erroneous, incomplete, or false information within fourteen days of a request, provided it determines the modification is reasonably supported. The Department of Health may maintain a civil action against any person to enforce compliance with the Act.
What it requires