129 CMR, § 3.05

Current through Register 1538, January 3, 2025
Section 3.05 - Other Provisions
(1) Nothing in 129 CMR 3.00 shall be construed to limit the Council from releasing information through the website as contemplated in M.G.L. c. 6A, § 16k.
(2) Nothing in 129 CMR 3.00 shall be construed to limit the Council from disclosing health care claims data to a Provider as permitted by M.G.L. 6A, § 16k and 129 CMR 4.00.
(3) The Council shall not release data sets that are materially incomplete or that failed to meet data quality standards delineated in the Statistical Plan established pursuant to 129 CMR 2.08.
(4) The Council shall charge a non-refundable fee, as approved by the Executive Office for Administration and Finance, to all applicants for data released by the Council that is not otherwise posted on the Council's website for public use. The chairperson of the Councilor designated Council staff may waive the fee only if the applicant can demonstrate that imposition of a fee would constitute a hardship.
(5) Sanctions. The Councilor the Board may impose the following sanctions if an approved applicant fails to comply with any of the data restrictions, prohibitions, protections and conditions specified in the Data Use Agreement:
(a) deny access to any and all data in the future;
(b) terminate current access to data; and
(c) demand and secure the return of all data.

Such applicants may also be subject to applicable statutory sanctions.

(6)Administrative Bulletins. The Council may issue administrative bulletins to clarify substantive provisions of 129 CMR 3.00 and to establish administrative procedures for processing applications, including timelines and information and documentation that must be submitted to process applications for data.

129 CMR, § 3.05