101 CMR 20.07 - Opt-in Opt-out Mechanism

(1) HIway Direct Messaging. Mass HIway users may transmit information via HIway Direct Messaging provided that all such transmissions shall be in compliance with applicable federal and state privacy laws and implementing regulations. Mass HIway users may implement local opt-in and/or opt-out process that applies to the use of HIway Direct Messaging by their organization, but are not required to do so.
(2) HIway-facilitated Services. HIway-facilitated services must be used in compliance with applicable federal and state privacy laws and implementing regulations. Provider organizations may implement local opt-in and/or opt-out processes that apply to the use of HIway-facilitated services by their organization, but are not required to do so.
(3) HIway-sponsored Services.
(a) Opt-in. HIway participants must provide each patient and/or their legal representatives with written notice of how the organization uses HIway-sponsored services.
1. Written notice shall be provided by at least one of the following methods:
a. inclusion in the HIway participant's privacy notice;
b. patient handout; or
c. letter, email, or other personal electronic communication to patients.
2. Written notice must be available in languages as established by EOHHS and described in the Mass HIway Policies and Procedures.
3. The written notice must describe the manner and means that the patient can opt-out of HIway-sponsored services.
(b) Opt-out. The Mass HIway or its designee administers a centralized opt out system. Patients and/or their authorized designees may notify the Mass HIway or its designee directly if they choose to opt-out. A HIway participant that has an established relationship with a patient must notify the Mass HIway that the patient has decided to opt-out and/or provide written instructions to its patients on how a patient or their authorized designees can notify the Mass HIway or its designee of the patient's choice to opt-out. Such notifications shall be made in the form and format determined by the Mass HIway and detailed in the Mass HIway Policies and Procedures.
(c) Local Opt-in Opt-out. In addition to the opt-in opt-out provisions described in 101 CMR 20.07(2)(a) and (b), HIway participants may choose to implement their own local opt-in and/or opt-out process that applies to the use of HIway-sponsored services by their organization, but are not required to do so. If a HIway participant does implement a local process that applies to HIway-sponsored services, it must supplement the opt-in opt-out provisions described in 101 CMR 20.07(2)(a) and (b), and shall not replace 101 CMR 20.07(2).

Notes

101 CMR 20.07
Adopted by Mass Register Issue 1332, eff. 2/10/2017. Amended by Mass Register Issue 1336, eff. 2/10/2017. Amended by Mass Register Issue 1401, eff. 10/4/2019.

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