Code of Massachusetts Regulations
101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES
Title 101 CMR 20.00 - Health Information Exchange
Section 20.05 - Mass HIway Users and Mass HIway Access
Universal Citation: 101 MA Code of Regs 101.20
Current through Register 1531, September 27, 2024
(1) Users.
(a)
HIway Participants.
1. All HIway participants must sign a
Participation Agreement and agree to the terms of the Mass HIway Policies and
Procedures.
2. A HIway participant
may connect to the Mass HIway with the help of a Mass HIway
integrator.
3. A HIway participant
is issued a domain and direct addresses by Mass HIway or by a HIway trusted
HISP.
4. A HIway participant and
its authorized personnel may be listed in the Mass HIway statewide provider
directory.
5. A Mass HIway user
must become a HIway participant to be able to connect directly to the Mass
HIway and use the Mass HIway as its HISP.
6. HIway-sponsored services are restricted to
HIway participants, regardless of whether the HIway participant connects
directly to the Mass HIway or via a HIway trusted HISP.
(b)
Nonparticipant
Users.
1. A nonparticipant user
must sign a Business Associate Agreement and/or other agreement with a HIway
trusted HISP, as required by the HISP to fulfill its obligations under its
contractual agreement with the Mass HIway.
2. A nonparticipant user is issued a domain
and direct addresses by the HIway trusted HISP.
3. A nonparticipant user is able to send
messages to and receive messages from HIway participants via
the HIway trusted HISP and the Mass HIway.
4. The Mass HIway does not perform message
transformation on messages received from nonparticipant users.
5. Nonparticipant users do not have access to
HIway-sponsored services.
6.
Nonparticipant users are subject to the Mass HIway Policies and Procedures.
(2) HIway Trusted HISPs.
(a) To become a HIway trusted HISP, a HISP
must execute a HISP-to-HISP agreement with the Mass HIway or must execute a
direct contract with a third-party organization that acts as a trust framework
aggregator with which the Mass HIway also has a direct contractual
arrangement.
(b) A HIway trusted
HISP must process HIway Direct Messages between its nonparticipant users and
HIway participants in accordance with its contractual agreements.
(3) Access.
(a) Provider
organizations are required to meet the requirement to connect to the Mass HIway
that is described in
101 CMR
20.08.
(b) Other categories of eligible Mass HIway
users may connect to the Mass HIway.
(c) Use of the Mass HIway is limited to
exchanges of health information that are allowed or required by law.
Unauthorized access to or disclosure of individually identifiable patient
health information by or through the Mass HIway is prohibited, and violators
may be subject to any penalties established under applicable state or federal
law regarding the protection and privacy of personal information. The
obligations of HIway users in the case of a security breach involving the Mass
HIway are further described in the Mass HIway Policies and
Procedures.
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