Md. Code Regs. 10.25.05.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.25.05.01 - Scope and Purpose

A. This chapter addresses the requirements, parameters, administrative process, and procedures for submission, review, approval, and disapproval of requests for data from the Maryland Medical Care Data Base, any other information collected and stored in the Maryland Medical Care Data Base, and any data submitted to the Maryland Health Care Commission from a claims clearinghouse certified by the Commission that qualify as directly or indirectly individually identifiable health information, as defined in the Health Insurance Portability and Accountability Act of 1996, including all pertinent implementing regulations at 45 CFR Parts 160 and 164.

B. The Commission releases data pursuant to this chapter to facilitate uses of data that are in the public interest, such as to develop public policy, promote improvement in health care access, delivery, efficiency, quality, safety, and public health outcomes, contain costs, and advance the transparency of the health care system.

C. The Commission retains all ownership rights to any data released pursuant to this chapter. A recipient of data released pursuant to this chapter does not obtain any right, title, or interest in data released to a data recipient pursuant to this chapter.

D. This chapter does not apply to:

(1) Requests for information from the Maryland Medical Care Data Base or any other Commission data base considered public under the Maryland Public Information Act and any other applicable laws and regulations;

(2) Internal activities that are required of the Commission to conduct its lawful business of assembling the Maryland Medical Care Data Base, or any other data base that it is authorized to create and maintain;

(3) Data released to any person, governmental entity, or other entity with which the Commission has contracted pursuant to State procurement policy and laws;

(4) Data released, pursuant to the terms and conditions of a written, signed data use agreement entered into between the Commission and a State governmental entity, as defined in Regulation .02B of this chapter, that has an express statutory or regulatory mandate under Maryland law to access and use requested data;

(5) Data that the Commission is expressly authorized and required to release under applicable federal or State law requirements, provided the release of the data complies with and is limited to the relevant requirements of the applicable law.

(6) Data released pursuant to compulsory process, such as a subpoena, discovery request, warrant, or court order, issued under lawful authority in the course of litigation or an administrative proceeding before a State or federal court or administrative tribunal of competent jurisdiction, provided that prior to release of the data the Commission has made a reasonable effort to secure, or has secured, an appropriate protective order from the court or administrative tribunal, or a stipulation of the parties that:

(a) Prohibits the use or disclosure of the data by the parties for any purpose other than the litigation or proceeding for which the data was sought; and

(b) Requires the return of the data to the Commission or destruction of the data, including all copies of the data, at the end of the litigation or proceeding.

Md. Code Regs. 10.25.05.01

Regulation .01 amended effective October 15, 2001 (28:20 Md. R. 1783); adopted effective 48:25 Md. R.1071-1098, eff. 12/13/2021