(1)
HIway Direct Messaging. Mass HIway users may transmit
information via HIway Direct Messaging provided that all such
transmissions shall be in compliance with applicable federal and state privacy
laws and implementing regulations. Mass HIway users may implement local opt-in
and/or opt-out process that applies to the use of HIway Direct Messaging by
their organization, but are not required to do so.
(2)
HIway-facilitated
Services. HIway-facilitated services must be used in compliance
with applicable federal and state privacy laws and implementing regulations.
Provider organizations may implement local opt-in and/or opt-out processes that
apply to the use of HIway-facilitated services by their organization, but are
not required to do so.
(3)
HIway-sponsored Services.
(a)
Opt-in. HIway
participants must provide each patient and/or their legal representatives with
written notice of how the organization uses HIway-sponsored services.
1. Written notice shall be provided by at
least one of the following methods:
a.
inclusion in the HIway participant's privacy notice;
b. patient handout; or
c. letter, email, or other personal
electronic communication to patients.
2. Written notice must be available in
languages as established by EOHHS and described in the Mass HIway Policies and
Procedures.
3. The written notice
must describe the manner and means that the patient can opt-out of
HIway-sponsored services.
(b)
Opt-out. The
Mass HIway or its designee administers a centralized opt out system. Patients
and/or their authorized designees may notify the Mass HIway or its designee
directly if they choose to opt-out. A HIway participant that has an established
relationship with a patient must notify the Mass HIway that the patient has
decided to opt-out and/or provide written instructions to its patients on how a
patient or their authorized designees can notify the Mass HIway or its designee
of the patient's choice to opt-out. Such notifications shall be made in the
form and format determined by the Mass HIway and detailed in the Mass
HIway Policies and Procedures.
(c)
Local Opt-in
Opt-out. In addition to the opt-in opt-out provisions described in
101 CMR 20.07(2)(a) and (b), HIway participants may choose to implement their
own local opt-in and/or opt-out process that applies to the use of
HIway-sponsored services by their organization, but are not required to do so.
If a HIway participant does implement a local process that applies to
HIway-sponsored services, it must supplement the opt-in opt-out provisions
described in 101 CMR 20.07(2)(a) and (b), and shall not replace 101 CMR
20.07(2).
