Will you be sending data/specimens that meet the criteria of “Identifiable” under HIPAA regulations? No  If data/specimens were collected under UVa protocol-

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Presentation transcript:

Will you be sending data/specimens that meet the criteria of “Identifiable” under HIPAA regulations? No  If data/specimens were collected under UVa protocol- modify the protocol. Provide IRB# to G&C office.  If data/specimens were NOT collected under a UVa protocol- Go to Protocol Builder- Answer YES to Non-engaged(#6) For both do all the following:  Obtain a Material Transfer Agreement (MTA) with Grants & Contracts office. MTA to include a HIPAA DUA if data/specimens are Coded.  CDR ( Ken Scully) to review datasets prior to MTA being signed to confirm data meets the criteria of a LDS if Coded. WARNING- TRACKING WILL BE REQUIRED IF DATA/ SPECIMENS ARE IDENTIFIABLE PER HIPAA REGULATIONS  Obtain a Material Transfer Agreement (MTA) with G&C office. MTA to include a HIPAA DUA.  CDR ( Ken Scully) to review datasets prior to MTA being signed to confirm data meets the criteria of a LDS.  OPTIONAL: submit a Determination of Human Subjects Research Form to IRB: NOT Research SENDING DATA/SPECIMENS Yes No Do all of the following criteria apply? Data/specimen, in its entirety, were collected for this project. You will be collaborating * with the outside researchers on this project. You do not have funding for the work being done by person receiving data/ specimens. Yes Will you be sending data/specimens that are coded and the key to the identity of the subject will be kept at UVa? Data also meets the criteria of a LDS under HIPAA regulations. Will you be sending data/specimens outside of UVa that meet the HIPAA criteria of de-identified? Obtain a Material Transfer Agreement (MTA) with G&C office. CDR ( Ken Scully) to review datasets prior to MTA being signed to confirm data meets the criteria of de-identified. OPTIONAL: submit a Determination of Human Subjects Research Form to IRB: NOT Human Subject Will data be sent to dbGaP by UVa? Yes NA or No Will UVa receive grant funding from NIH for this protocol? No Yes If not done already, submit IRB Grant Application to IRB-HSR. The Grant Information form will supply the IRB-HSR office with information needed to process the Insiitutional Certification to deposit data into dbGaP. Submit a “dbGaP Submission Certification Request Form” to the IRB. No *Collaborating may be done in several different ways. You would be considered to be collaborating if any of the following occur: You will receive data back from those to whom it was originally sent. You will assist in writing the paper/abstract If the data/ specimens were collected under a research consent form, does the consent PROHIBIT the use of data/specimens as outlined in this project? NA or No Data/ specimens may NOT be sent!! Yes This decision tree assumes you already have IRB approval to collect or receive the data/ specimens. See Receipt of Data/ Specimens if you do not yet have this approval.Receipt of Data/ Specimens Do all of the following criteria apply? Data/specimen, in its entirety, were collected for this project. You will be collaborating * with the outside researchers on this project. You do not have funding for the work being done by person receiving data/ specimens. Yes No Version Date: 03/10/14 START HERE Does the consent under which the specimens /data were collected already give consent for this sharing? Obtain a Material Transfer Agreement (MTA) with Grants & Contracts office. Provide G&C office with Protocol IRB # Yes Obtain a MTA from G&C Office Not Research/ Privacy Board grants waiver of HIPAA Authorization. Tracking of disclosure required in EPIC No Any item noted in Blue found on IRB-HSR website under FORMS