Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.05 - Small Group Market Data Collection › Section 10.25.05.01 - Scope and Purpose

Current through Register Vol. 51, No. 14, July 12, 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.