Procedures for Limited Data Sets (LDS)- Limited Data Sets (LDS) contain beneficiary level health information but exclude specified direct identifiers as outlined in the Privacy Rule. LDS are considered identifiable even without the specified direct identifiers. Because the information is considered identifiable, it remains subject to the Privacy Act of 1974 as well. These data are identifiable because of the potential for identifying a beneficiary due to technology, particularly in linking and re-identifying data files.
- All disclosures of the LDS require a signed LDS Data Use Agreement (DUA) between the Centers for Medicare & Medicaid Services (CMS) and the requestor to ensure that the data are protected. This DUA ensures compliance with requirements of both the Privacy Act and the Privacy Rule. Approval of a waiver of authorization by a Privacy Board or Institutional Review Board is not required.
- To qualify for LDS, data requestors must show that their proposed use of the data meets the disclosure provisions for research purposes as defined in both the Privacy Rule and the Privacy Act. The research purpose must relate to projects that could ultimately improve the care provided to Medicare patients and policies that govern the care. This includes projects related to improving the quality of life for Medicare beneficiaries or improving the administration of the Medicare program, including payment related projects and the creation of analytical reports.
- Data requestors of LDS will not be required to get approval each year if there is no change in how the data are being used. Data requestors will be required to attest that there is no change in how the data are being used, as described in the current DUA.
- For further information on available LDS files for purchase go to the "Limited Data Sets" page under Related Links Inside CMS at the bottom of this page.
Request for LDS Files Process StepsSubmittal of LDS Files Package must include the following information: - Letter of Request
- LDS Data Use Agreement
- Research Protocol
- LDS Form and Instructions
NOTE: LDS Requests do not need to be approved by the Privacy Board.
LDS Files Re-release Procedures:- Letter of Request for Existing Clients
- This letter must indicate the Data Use Agreement (DUA) number and data set(s) you acquired from CMS and now wish to re-release to your client(s). If the approval request is for an existing client who has previously signed a CMS LDS DUA, please submit the client's DUA number, the client's name, the data set(s) you wish to release and, if applicable, the name/phone number for any new custodians. Also indicate a new DUA expiration date if needed. You may develop a grid as an attachment to the letter if you have multiple clients receiving the data.
- Letter of Request for New Clients
- Submit a letter of request indicating the DUA number and data set(s) you acquired from CMS and now wish to re-release to your client(s) along with a CMS LDS DUA.
Page Last Modified: 09/09/2008 8:02:33 AM
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