950 CMR, § 131.07 - Agency Exemption Request

(1) An agency requesting an exemption under 950 CMR 131.07 must provide in writing to the Program Manager:

(a) identification of the statute or administrative rule which demonstrates the agency's bana fide requirement and authority for the use of the actual address of an individual;

(b) identification and description of the specific record or record series for which the exemption is requested;

(c) identification of the individuals who will have access to the record;

(d) an explanation of why the agency cannot meet its statutory or administrative obligations by a change in its internal procedures.

(2) The Program Manager shall review an agency's request for an exemption.

(3) During the review, evaluation and appeal of an agency's exemption request, the agency shall accept the use of a Health Care Program Participant's substitute address.

(4) The Program Manager's determination to grant or withhold a requested exemption shall be based on, but not limited to, an evaluation of the information provided under 950 CMR 131.07(1) in conformance with the statutory standard of a bana fide statutory or administrative requirement for the use of a Health Care Program Participant's actual address.

(5) If the Program Manager determines that an agency has a bana fide statutory or administrative requirement for the use of a Health Care Program Participant's actual address information and that the actual address information will be used only for those statutory and administrative purposes, the Program Manager may issue a written exemption for the agency. When granting an exemption, the Program Manager may include:

(a) an agency's obligation and ability to maintain the confidentiality of a Health Care Program Participant's address information;

(b) limitations on use and access to that address information;

(c) the term during which the exemption is authorized for use by the agency;

(d) designation of the record format on which the address information may be maintained;

(e) designation of an address information disposition date after which the agency may no longer maintain a record of the address information; and

(f) any other provisions and qualifications determined appropriate by the Program Manager.

(6) When a Health Care Program Participant requests use of the substitute address in a record and the agency has received an exemption for that record, the agency shall immediately provide a copy of the written exemption to the requesting Health Care Program Participant. The agency shall notify the address confidentiality Program Manager of the occurrence and denial of the Health Care Program Participant's request for use of substitute address..

(7) The Program Manager's denial of an agency exemption request shall be made in writing and include a statement of the specific reasons therefore.

(8) An agency may appeal the denial of its request by resubmitting its written request within 60 days of the issuance of a denial. The request shall be accompanied by additional data, information and an explanation of corrective action taken to alleviate concerns and considerations included in the Program Manager's denial determination.

Notes

950 CMR, § 131.07

Adopted by Mass Register Issue 1498, eff. 6/23/2023.