Md. Code Regs. 10.25.18.14 - Operation of the State-designated HIE as a Health Data Utility
A. The
State-designated HIE shall operate as a health data utility for the
State.
B. The State-designated HIE
shall implement a consent management application in accordance with Regulation
.03D of this chapter.
C.
Disclosures by the State-designated HIE.
(1)
Except as otherwise prohibited under this chapter or State or federal law, the
State-designated HIE shall transmit clinical information or electronic health
care transactions to the Maryland Department of Health, the Commission, or the
Health Services Cost Review Commission for public health purposes upon written
request.
(2) The State-designated
HIE may not redisclose financial information in electronic health care
transactions it receives in accordance with COMAR
10.25.07.09 to any person other
than the Commission.
(3) Maryland
Medical Care Data Base.
(a) The
State-designated HIE shall be designated as a reporting entity to the Maryland
Medical Care Data Base.
(b) The
State-designated HIE shall report the electronic health care transactions
information it receives pursuant to COMAR
10.25.07.09 to the Medicare Care
Data Base in accordance with the reporting requirements found in COMAR
10.25.06.
(4) The
State-designated HIE shall:
(a) Develop a
process in which requests for data are submitted and data are shared, and post
this information on its website; and
(b) Provide a written explanation for a
denial of a request which shall include an appeal
process.
D. The
State-designated HIE shall consult with the Maryland Department of Health, the
Commission, and Health Services Cost Review Commission before identifying any
specific purposes, type of data exchanged, and rules for interaction between
users and the State-designated HIE pertaining to:
(1) A State health improvement
program;
(2) Mitigation of a public
health emergency;
(3) Improvement
of patient safety; and
(4) Any
other public health priorities identified by the Secretary.
E. Consumer Advisory Council.
(1) The State-designated HIE shall establish
a Consumer Advisory Council in accordance with Health-General Article, ยง19-145,
Annotated Code of Maryland.
(2) The
State-designated HIE shall:
(a) Appoint two
consumer representatives identified by the Commission who have significant
experience in public health and patient privacy as council members;
(b) Post advance notice of council meetings
on its website, including an expected agenda; and
(c) Require the Consumer Advisory Council to
comply with the requirements of the Maryland Open Meetings Act as if it were a
public body.
Notes
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