Code of Maine Rules
90 - INDEPENDENT AGENCIES
590 - MAINE HEALTH DATA ORGANIZATION
Chapter 120 - RELEASE OF DATA TO THE PUBLIC
Section 590-120-11 - DECISIONS OF THE EXECUTIVE DIRECTOR AND THE DATA RELEASE SUBCOMMITTEE AND THE MHDO BOARD OF DIRECTORS

Universal Citation: 90 ME Code Rules ยง 590-120-11

Current through 2024-38, September 18, 2024

1. Decisions of the Executive Director which either allow or deny a data applicant's data request for Level I or Level II data, or any elements of a data request for Level I or Level II data, or that add additional requirements to a related MHDO Data Use MOU, may be appealed by either the data applicant or data provider to the Data Release Subcommittee, and then to the MHDO Board of Directors pursuant to Section 11 and 12.

2. Decisions of the Data Release Subcommittee regarding release of Level III Data that deny or allow a data applicant's data request or any elements of a data request, or that add additional requirements to a MHDO DUA, are reviewable. The data applicant or data provider may appeal the decision(s) of the Data Release Subcommittee to the MHDO Board of Directors.

A. Decisions of the Executive Director or Data Release Subcommittee or MHDO Board of Directors shall be provided by electronic notification to data providers who submitted comment to the Executive Director and to data applicants.

B. The data shall be released as approved no less than ten business days after the electronic notification and provided that the data applicant meets the requirements of these rules.

C. Level I and Level II Data approved by the MHDO Executive Director, and Level III Data approved by Data Release Subcommittee, shall be released as approved unless a data provider or data applicant takes action within ten business days of the electronic notification by submitting in writing to the attention of the MHDO Executive Director a request for review to the next higher authority. The request shall clearly state the basis for the review or requested action.

D. There shall be no further review, administrative or judicial, from a decision of the MHDO Board of Directors regarding release of MHDO Data.

3. The Executive Director or Data Release Subcommittee or the MHDO Board of Directors may deny release of any data requested or any data element requested for any reason, including but not limited to protecting the privacy, integrity or security of MHDO data. The Data Applicant will be informed of any such decisions and the reasons for the decision. Such decisions are not reviewable, except as stated above in Subsection 11(1) (2).

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