105 CMR, § 301.036 - Case Ascertainment

(A) For the purpose of determining if all cases of malignant disease and benign brain-related tumor disease required under 105 CMR 301.010 have been reported, each health care facility shall allow the Cancer Registry to inspect and copy from time to time such parts of patients' medical records, paper and electronic, as are necessary to discover unreported cases of malignant disease and benign brain-related tumor disease.

(B) Each health care facility and health care provider shall be required by 105 CMR 301.036 to provide to the Cancer Registry for inspection and/or copying only:

(1) Reports of all tissue analyses in order to determine the presence or absence of malignant disease or benign brain-related tumor disease;

(2) Reports (including x-rays) of radiological examinations performed for the purpose of determining the presence or absence of malignant disease or benign brain-related tumor disease;

(3) Reports of diagnoses of malignant disease or benign brain-related tumor disease, and notations of the reasons for such diagnoses, including both primary clinician's reports and consultations reports; and

(4) Those portions of medical records which contain the specific information required to be reported pursuant to 105 CMR 301.015 and 105 CMR 301.017.

(C) N o health care facility nor health care provider shall be required by 105 CMR 301.036 to provide to the Cancer Registry any part of any patient's medical record other than those parts listed in 105 CMR 301.036(B)(1). A health care facility or health care provider may provide the Cancer Registry with copies of medical records from which parts other than those specified in 105 CMR 301.036(B)(1), have been deleted, masked, crossed out, or otherwise rendered illegible.

(D) Each copy of a medical record or part there of obtained by the Cancer Registry pursuant to 105 CMR 301.036:

(1) Shall not be re-copied by the Cancer Registry;

(2) Shall be kept in a secure area with restricted access when not being used by the Cancer Registry;

(3) Shall be examined only by the Cancer Registry;

(4) Shall be destroyed promptly following verification of the corresponding reported data, or, if the reported data appears to be inaccurate, following clarification or correction of the reported data.

Notes

105 CMR, § 301.036