Does Collecting Data on Race & Ethnicity Violate the Law?
As more and more providers collect race and ethnicity data to address gaps in quality of care, others worry about potential liability associated with collection and use of such data. This complex question of legal exposure is addressed in an important new policy analysis—The Legality of Collecting and Disclosing Patient Race and Ethnicity Data—by the Robert Wood Johnson Foundation (RWJF) and the George Washington (GW) University School of Public Health and Health Services. The policy brief examines whether collecting patient data by race or ethnicity violates the law. Analysts looked to the public law prohibiting discrimination—Title VI of the 1964 Civil Rights Act—and concluded that no federal or state liability exists for health care providers who collect and share health care quality data by race and ethnicity, as long as the effort is part of an overall quality improvement process. In fact, experts agree, the use of data to improve quality and reduce disparities may decrease the ri
