Code of Maine Rules
90 - INDEPENDENT AGENCIES
590 - MAINE HEALTH DATA ORGANIZATION
Chapter 120 - RELEASE OF DATA TO THE PUBLIC
Section 590-120-13 - INDIVIDUAL CHOICE, PROCESS TO FILE COMPLAINTS

A. Choice regarding disclosure of information: The MHDO shall provide the opportunity for any person to choose to opt out and have their direct identifiers excluded from all subsequent Level III Data releases.

B. An individual that decides to opt out or opt back in is responsible for completing the MHDO Choice Disclosure Form available on the MHDO Public Website or by calling the MHDO and filling the form out telephonically. Individuals who opt out of a specific study will remain opted out of Level III Data releases unless they opt back in.

C. The MHDO will post all Level III Data requests on its publicly accessible website. Individuals who want to opt out of a specific Level III Data release may do so by completing the MHDO Choice Disclosure Form no later than thirty business days after the initial posting of the data request on the MHDO web site. Individuals that do this will remain opted out of all subsequent Level III Data releases by MHDO unless they choose to opt back in.

D. A person who has chosen to have their direct identifiers excluded from Level III Data releases may choose to opt back in at any time.

A. If an individual believes that his or her direct identifiers have been released by the MHDO, the board, or an employee of the organization, in violation of laws applicable to the MHDO, that individual may file a written complaint with the MHDO's Executive Director.

B. Instructions on how and where to submit the written complaint are provided on the MHDO public website.

C. The MHDO Executive Director or Staff Delegate shall respond in writing to the individual regarding whether the complaint alleges a violation of applicable law; if so, whether any violation of the rules has occurred; and any measures that have been taken as a result of the complaint.

D. If the individual is not satisfied with the response of MHDO, the complainant will be advised of how to make a complaint to the Joint Committee on Health and Human Services of the Maine Legislature.

E. Any complaint received by MHDO shall be reported by the Executive Director to the MHDO Executive Committee within fifteen business days of the receipt of the written complaint, and to the MHDO Board at the next public meeting.

F. The Executive Director may take any steps necessary protect the privacy, security and integrity of MHDO Data.