Code of Massachusetts Regulations
957 CMR - CENTER FOR HEALTH INFORMATION AND ANALYSIS
Title 957 CMR 5.00 - HEALTH CARE CLAIMS, CASE MIX AND CHARGE DATA RELEASE PROCEDURES
Section 5.04 - Requests from Payers, Providers, Provider Organizations and Researchers for De-identified Data

Universal Citation: 957 MA Code of Regs 957.5

Current through Register 1531, September 27, 2024

(1) Requests from Payers, Providers, Provider Organizations and Researchers for De-identified Data shall be made in writing by filing an application with CHIA in a form specified by CHIA as provided on its Website.

(2) CHIA shall fulfill requests from Payers, Providers, Provider Organizations and Researchers for De-identified Data based upon an application that establishes to CHIA's satisfaction that the Data will exclusively be used for the purposes of lowering total medical expenses, coordinating care, benchmarking, quality analysis and other research, administrative or planning purposes. Such purposes exclude purposes that CHIA determines are contrary to the public interest.

(3) Payer, Provider, Provider Organization and Researcher requests for De-identified Data for any other uses, including commercial uses involving the resale or re-use of Data, shall be reviewed under 957 CMR 5.06.

(4) Payers, Providers, Provider Organizations and Researchers shall enter into a Data Use Agreement with CHIA prior to the receipt of Data. The Data Use Agreement shall, at a minimum:

(a) restrict the use of the Data to those uses identified in the application;

(b) require the Data Recipient to adhere to processes and procedures aimed at preventing unauthorized disclosure or use of the Data;

(c) require the Data Recipient to notify CHIA of any unauthorized use or disclosure of the Data; and

(d) permit CHIA, at its discretion, to audit the Data Recipient's compliance with the provisions of the Data Use Agreement.

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