Proprietary data

Proprietary data and Privileged information means information from a source external to CMS or a contractor, or protected health information, that meets the following criteria:
(1) It is ordinarily protected from disclosure in accordance with 45 CFR part 164, under the Trade Secrets Act (18 U.S.C. 1905) or under Exemptions 4 or 5 of the Freedom of Information Act (5 U.S.C. 552) as specified in 45 CFR 5.31(d) and (e).
(2) The party who possesses the right to protection of the information from public release or disclosure has not provided its consent to the public release or disclosure of the information. Any information submitted by the public that is not marked proprietary is not considered proprietary.

Source

42 CFR § 426.110


Scoping language

For the purposes of this part, the following definitions apply:

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