Current through Register Vol. 51, No. 19, September 20, 2024
A. This chapter
addresses the requirements, parameters, administrative process, and procedures
for submission, review, approval, and disapproval of requests for data from the
Maryland Medical Care Data Base, any other information collected and stored in
the Maryland Medical Care Data Base, and any data submitted to the Maryland
Health Care Commission from a claims clearinghouse certified by the Commission
that qualify as directly or indirectly individually identifiable health
information, as defined in the Health Insurance Portability and Accountability
Act of 1996, including all pertinent implementing regulations at 45 CFR Parts
160 and 164.
B. The Commission
releases data pursuant to this chapter to facilitate uses of data that are in
the public interest, such as to develop public policy, promote improvement in
health care access, delivery, efficiency, quality, safety, and public health
outcomes, contain costs, and advance the transparency of the health care
system.
C. The Commission retains
all ownership rights to any data released pursuant to this chapter. A recipient
of data released pursuant to this chapter does not obtain any right, title, or
interest in data released to a data recipient pursuant to this
chapter.
D. This chapter does not
apply to:
(1) Requests for information from
the Maryland Medical Care Data Base or any other Commission data base
considered public under the Maryland Public Information Act and any other
applicable laws and regulations;
(2) Internal activities that are required of
the Commission to conduct its lawful business of assembling the Maryland
Medical Care Data Base, or any other data base that it is authorized to create
and maintain;
(3) Data released to
any person, governmental entity, or other entity with which the Commission has
contracted pursuant to State procurement policy and laws;
(4) Data released, pursuant to the terms and
conditions of a written, signed data use agreement entered into between the
Commission and a State governmental entity, as defined in Regulation .02B of
this chapter, that has an express statutory or regulatory mandate under
Maryland law to access and use requested data;
(5) Data that the Commission is expressly
authorized and required to release under applicable federal or State law
requirements, provided the release of the data complies with and is limited to
the relevant requirements of the applicable law.
(6) Data released pursuant to compulsory
process, such as a subpoena, discovery request, warrant, or court order, issued
under lawful authority in the course of litigation or an administrative
proceeding before a State or federal court or administrative tribunal of
competent jurisdiction, provided that prior to release of the data the
Commission has made a reasonable effort to secure, or has secured, an
appropriate protective order from the court or administrative tribunal, or a
stipulation of the parties that:
(a) Prohibits
the use or disclosure of the data by the parties for any purpose other than the
litigation or proceeding for which the data was sought; and
(b) Requires the return of the data to the
Commission or destruction of the data, including all copies of the data, at the
end of the litigation or proceeding.
