reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 16.00 - Personal Data Use And Permitted Disclosures By And Among The Executive Office Of Health And Human Services And Its Agencies › Section 16.05 - Use or Disclosure of Personal Data Between and Among Agencies

Current through Register 1525, July 5, 2024
Upon request of an agency or if otherwise required by law,
				agencies administering programs providing benefits or services shall use or
				disclose information regarding clients to other agencies when the use or
				disclosure is directly connected to the administration of an agency's program
				and the use or disclosure is not inconsistent with federal or state law.
				Activities directly connected to the administration of such programs include,
				but are not limited to:
(1)
			 eligibility determinations;
(2)
			 determination of benefit amounts;
(3) provision of services, insofar as the use
			 or disclosure of personal data will assist the individual(s) who is the subject
			 of the personal data in accessing needed medical, social, education, or other
			 services, or will improve the coordination or management of services provided
			 to the individual(s);
(4) quality
			 assurance activities; and
(5) other
			 activities as the Secretary or his designee may determine consistent with this
			 provision, including those required or permitted by federal and state
			 law.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 16.00 - Personal Data Use And Permitted Disclosures By And Among The Executive Office Of Health And Human Services And Its Agencies › Section 16.06 - Use and Disclosure Only Within EOHHS Agencies

Current through Register 1525, July 5, 2024
Nothing herein shall be read to authorize the disclosure of
				personal data to entities or individuals that do not meet the definition of
				"agency" set forth in
				101 CMR 16.03,
				without the written consent of the client or his legally authorized
				representative, except as otherwise required or permitted by federal and state
				law.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 16.00 - Personal Data Use And Permitted Disclosures By And Among The Executive Office Of Health And Human Services And Its Agencies › Section 16.07 - Safeguarding Personal Data

Current through Register 1525, July 5, 2024
(1) An agency that
			 receives personaldata as a result of a disclosure authorized by
			 101 CMR 16.00 shall use and
			 hold the date in a manner consistent with federal and state laws, and shall not
			 disclose it to another party unless legally authorized.
(2) Reasonable efforts shall be made to limit
			 the access to and use and disclosure of personal data authorized by
			 101 CMR 16.00 to the minimum
			 necessary to accomplish the purpose for which the access, use, or disclosure is
			 required and permitted.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 19.00 - Workplace Violence Prevention And Crisis Response Plan › Section 19.01 - General Provisions

Current through Register 1525, July 5, 2024
Scope and Purpose
.
				101 CMR 19.00 governs the
				procedures and criteria for workplace violence prevention and crisis response
				plans for the Commonwealth of Massachusetts Executive Office of Health and
				Human Services (EOHHS) programs.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 19.00 - Workplace Violence Prevention And Crisis Response Plan › Section 19.02 - Definitions

Current through Register 1525, July 5, 2024
The following terms used in
				101 CMR 19.00 have the
				meanings given in 101 CMR 19.02, unless the context clearly requires a
				different meaning.
Human Service Workers
- any person who
				works for a program. This includes, but is not limited to employees, contracted
				employees, interns, and volunteers.
Program
- any entity operated,
				licensed, certified, or funded by a department, commission, office, board,
				division, institution, or other entity within EOHHS under M.G.L. c. 6A, §
				16 that provides direct services to clients.
Workplace
- any location where
				business is conducted, or site where the human service worker is considered
				"on-duty." Private vehicles used for business are included in 101 CMR 19.02:
Workplace
.
Workplace Violence
- includes, but is
				not limited to physical assault or battery, or both; property damage; and
				intimidation or threats communicated by any means or other disruptive or
				aggressive behavior that causes a reasonable person to be in fear of his or her
				own safety or that of a colleague. Workplace violence can include actions or
				communications in person, by letter or note, by telephone, by fax, by
				electronic mail, or through social media. Incidents of workplace violence may
				take place between human service workers, between human service workers and
				clients or customers, human service workers and acquaintances, partners, or
				spouses, and human service workers and the general public.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 19.00 - Workplace Violence Prevention And Crisis Response Plan › Section 19.03 - Program Requirements

Current through Register 1525, July 5, 2024
A program must have a workplace violence prevention and crisis
				response plan for human service workers that meets the criteria set forth in
				101
				CMR 19.04. The program must update the plan
				at least annually. Each program must provide a copy of the current plan, which
				may be electronic, to any human service worker upon request and must make
				available a copy of the plan in a public place where all human service workers
				can readily access it.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 19.00 - Workplace Violence Prevention And Crisis Response Plan › Section 19.04 - Workplace Violence Prevention and Crisis Response Plan Requirements

Current through Register 1525, July 5, 2024
(1) All programs must develop and maintain a
			 workplace violence prevention and crisis response plan using existing staff
			 resources that includes the following:
(a) a
			 clear description of procedures for reporting acts of workplace
			 violence;
(b) a system for
			 centrally recording all reported incidents of workplace violence against human
			 service workers. Such records must at a minimum include the names of the
			 involved parties, date and location of incident, description of incident, and
			 nature of any injuries. Except as requested pursuant to
			 101 CMR 19.07, all
			 records created under 101 CMR 19.04(1)(b) are confidential to the extent
			 permitted by law;
(c) measures the
			 program will take in response to an incident of workplace violence against
			 human service workers, which includes both immediate crisis response and
			 follow-up measures;
(d) information
			 indicating where victims and perpetrators can go for help;
(e) a statement that any use of work time or
			 workplace facilities to commit or threaten to commit acts of workplace violence
			 is cause for discipline up to and including termination of employment or
			 contract; and
(f) a statement that
			 retaliation is prohibited against anyone who reports an incident of workplace
			 violence.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 19.00 - Workplace Violence Prevention And Crisis Response Plan › Section 19.05 - Training

Current through Register 1525, July 5, 2024
(1) A program must require its human service
			 workers to complete training developed and offered by EOHHS to educate human
			 service workers about workplace violence and ways to reduce the risks of
			 violence, including early recognition of individuals at risk of perpetrating
			 workplace violence, unless the program certifies in writing that the program
			 requires its human service workers to participate in an alternative training
			 program that meets the minimum requirements established by EOHHS.
(2) Programs must require new human service
			 workers to participate in such training described in 101 CMR 19.05(1) within
			 the first three months of employment. All employees must participate in such
			 training at least once every two years. The programs must maintain a written
			 record of such participation.
(3)
			 EOHHS may charge a fee for its training. Any such fee will be posted on the
			 EOHHS website.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 19.00 - Workplace Violence Prevention And Crisis Response Plan › Section 19.06 - Retaliation

Current through Register 1525, July 5, 2024
Retaliation by alleged offenders or programs against a human
				service worker for reporting an incident of workplace violence or any other
				violation of
				101 CMR 19.00 is
				prohibited.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 19.00 - Workplace Violence Prevention And Crisis Response Plan › Section 19.07 - Reporting

Current through Register 1525, July 5, 2024
Upon EOHHS request, each program must report to EOHHS about
				compliance with
				101 CMR 19.00, including its
				workplace violence prevention and crisis response plan described in
				101
				CMR 19.04.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.01 - Purpose

Current through Register 1525, July 5, 2024
101
				CMR 20.00 contains the Executive Office of Health and
				Human Services' regulations specific to health information technology and the
				state-sponsored, statewide health information exchange (HIE), which is known as
				the Mass HIway. The Secretariat also publishes other documents affecting health
				information technology and the Mass HIway including, but not limited to,
				statements of policy and procedure, conditions of participation, guidelines,
				and bulletins.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.03 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Scope
.
			 101
			 CMR 20.00 governs participation in the Mass HIway and
			 related health information technology.
(2)
Administrative
			 Bulletins
. EOHHS may issue administrative bulletins to clarify its
			 policy on substantive provisions of
			 101
			 CMR 20.00.
(3)
Mass HIway Policies and
			 Procedures
. The Mass HIway Policies and Procedures, as updated
			 from time to time, are applicable to all Mass HIway users. They include
			 detailed policies and procedures, conditions for participation, and fees
			 associated with the Mass HIway.
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

Current through Register 1525, July 5, 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.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.06 - Provider Organizations

Current through Register 1525, July 5, 2024
The requirement that all providers must connect to the Mass
				HIway applies to provider organizations. Provider organizations include, but
				are not limited to, acute care hospitals, community health centers, and medical
				ambulatory practices, which are defined as:
(1)
Acute Care
			 Hospital
. A hospital licensed under M.G.L. c. 111, § 51, and
			 the teaching hospital of the University of Massachusetts Medical School, which
			 contains a majority of medical-surgical, pediatric, obstetric, and maternity
			 beds, as defined by the department. Hospitals that meet this definition of
			 acute care hospital can be found in the Massachusetts Licensed or Certified
			 Health Care Facility/Agency Listing, which is maintained by the Department of
			 Public Health and is publicly available on the Department of Public Health's
			 website.
(2)
Community
			 Health Center
.
(a) An
			 organization that is either:
1. A "Federally
			 Qualified Health Center" or a "Federally Qualified Health Center look-alike" as
			 defined by the federal Department of Health and Human Services Health Resources
			 and Services Administration (HRSA) and operating in conformance with Section
			 330 of United States Public Law 95-626; or
2. An organization that files cost reports as
			 a community health center, as requested by the Health Policy Commission within
			 the Executive Office for Administration and Finance.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.07 - Opt-in Opt-out Mechanism

Current through Register 1525, July 5, 2024
(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.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.08 - Connecting to the Mass HIway

Current through Register 1525, July 5, 2024
(1)
Provider Organizations
.
(a) The requirement that all providers shall
			 connect to the Mass HIway applies to the following provider organizations.
1. Acute care hospitals;
2. Community health centers (large and
			 small); and
3. Medical ambulatory
			 practices (large and medium).
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.09 - Timetable for Connecting to the Mass HIway

Current through Register 1525, July 5, 2024
Schedule A: Timetable for Connecting to the
							 Mass HIway
by sending and receiving HIway Direct Messages
Provider Organization
Year 1
Year 2
Year 3
Year 4
Acute Care Hospitals
February 10, 2017
January 1, 2018
January 1, 2019
January 1, 2020
Large and Medium Medical Ambulatory Practices
January 1, 2018
January 1, 2019
January 1, 2020
January 1, 2021
Large Community Health Centers
January 1, 2018
January 1, 2019
January 1, 2020
January 1, 2021
Small Community Health Centers
January 1, 2019
January 1, 2020
January 1, 2021
January 1, 2022
(1) The definition
			 of acute care hospitals is provided in
			 101 CMR
			 20.06(1).
(2) The definition of large, medium, and
			 small medical ambulatory practices is provided in
			 101 CMR
			 20.06(3).
(3) The definition of large and small
			 community health centers is provided in
			 101 CMR
			 20.06(2).
(4) As described in
			 101 CMR
			 20.08(4)(b), acute care
			 hospitals must meet the requirement of
			 101 CMR 20.08(4)(a)
			  by January 1, 2020.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.10 - Interoperable Electronic Health Record Systems

Current through Register 1525, July 5, 2024
(1)
Achieving Interoperability
via
Implementing HIway Direct Messaging
. As of
			 February 10, 2017, provider organizations that have dates for connecting to the
			 Mass HIway must establish interoperability by implementing HIway Direct
			 Messaging. The methods by which provider organizations may implement HIway
			 Direct Messaging are specified in the Mass HIway Policies and
			 Procedures.
(2)
Reporting Implementation of an EHR
.
(a) As of February 10, 2017, provider
			 organizations that have dates for connecting to the Mass HIway must submit
			 information regarding:
1. whether or not they
			 have an EHR; and
2. how their EHR,
			 if any, connects to the Mass HIway.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.11 - Statewide Event Notification Service Framework

Current through Register 1525, July 5, 2024
(1)
General
. The
			 statewide event notification service framework is a HIway-facilitated service
			 composed of EOHHS-certified ENS vendors. Certified ENS vendors must:
(a) collect ADT feeds from required
			 submitters;
(b) reflect ADT feeds
			 to all other certified ENS vendors;
(c) conduct a patient matching process with
			 the ADT feeds; and
(d) produce
			 notifications to their respective ENS subscribers in a secure method that
			 protects patient privacy in accordance with applicable state and federal
			 law.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.12 - Right to Audit

Current through Register 1525, July 5, 2024
(1) EOHHS may audit
			 provider organizations on a periodic basis in order to confirm compliance with
			 the requirements set forth in
			 101
			 CMR 20.00.
(2) Audits will be limited only to such
			 records, personnel, and other resources as EOHHS determines are necessary to
			 assure compliance with the requirements set forth in
			 101
			 CMR 20.00.
(3) Audits will take place during normal
			 business hours and at mutually agreeable times.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.13 - Fees

Current through Register 1525, July 5, 2024
(1) Fees for using the Mass HIway apply to
			 HIway participants and are defined in the "Participation Fees" section of the
			 Mass HIway Policies and Procedures, as updated from time to time.
(2) Participant fees are established at
			 different tiers for different categories of HIway participants.
(3) The Mass HIway does not charge any fees
			 to HISPs for providing HISP-to-HISP connections, and does not pay any fees to
			 HISPs for providing HISP-to-HISP connections.
(4) The Mass HIway does not charge any fees
			 to nonparticipant users for their use of HIway Direct Messaging.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.14 - Penalties

Current through Register 1525, July 5, 2024
As required by M.G.L. c. 118I, § 8, penalties for
				noncompliance with the requirement to connect to the Mass HIway may be assessed
				by EOHHS. If a provider organization does not connect to the Mass HIway by the
				dates stated in
				101 CMR
				20.09, then the provider organization may be
				subject to penalty. The penalty schedules are found in
				101 CMR
				20.15.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.15 - Penalty Schedules

Current through Register 1525, July 5, 2024
Schedule B: Penalties for not connecting to the
							 Mass HIway
via
exchanging HIway Direct
							 Messaging
Provider Organization*
Penalty
Acute Care Hospital
* At the Year 1 required connection date: $0
* At the Year 2 and Year 3 dates: $0
* At the Year 4 date (
i.e
., January
							 2020): $30,000 per year
Large Medical Ambulatory Practice
* At the Year 1 required connection date
							 (
i.e
., January 2018): $0
* At the Year 2 and Year 3 dates: $0
* At the Year 4 date (
i.e
., January
							 2021): $20,000 per year
Medium Medical Ambulatory Practice
* At the Year 1 required connection date
							 (
i.e
., January 2018): $0
* At the Year 2 and Year 3 dates: $0
* At the Year 4 date (
i.e
., January
							 2021): $5,000 per year
Large Community Health Center
* At the Year 1 required connection date
							 (
i.e
., January 2018): $0
* At the Year 2 and Year 3 dates: $0
* At the Year 4 date (
i.e
., January
							 2021): $5,000 per year
Small Community Health Center
* At the Year 1 required connection date
							 (
i.e
., January 2019): $0
* At the Year 2 and Year 3 dates: $0
* At the Year 4 date (
i.e
., January
							 2022): $1,000 per year
* Definitions of provider organizations are provided
							 in
							 101 CMR
							 20.06.
Schedule C
:
Penalties for Acute
							 Care Hospitals
that do not meet the ADT submission
							 requirement
Provider
Organization
Penalty
Acute Care Hospital
* July 1, 2020: $30,000 per year
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.16 - Waivers

Current through Register 1525, July 5, 2024
(1)
Waiver Criteria
.
			 EOHHS may grant a waiver of the requirement to connect to the Mass HIway for
			 the following situations.
(a) The provider
			 organization does not have internet access or a computer.
(b) The provider organization does not have
			 broadband internet access.
(c) The
			 provider organization is unable to meet the requirement to connect to the Mass
			 HIway due to a catastrophic event (such as a natural disaster that damages the
			 organization's health information technology infrastructure), or due to an
			 extenuating circumstance.
(d) The
			 provider organization is unable to meet the requirement to fully implement a
			 use case of sending and receiving HIway Direct Messages within the use case
			 category of provider-to-provider communications, but the provider organization
			 does meet the following criteria.
1. The
			 provider organization must be able to demonstrate the technical capability to
			 send and receive HIway Direct Messages with a HIway participant in order to
			 demonstrate achieving a basic level of interoperability with provider
			 organizations that use the Mass HIway as their HISP;
2. The provider organization successfully
			 implements provider-to-provider Direct Messaging outside of the Mass HIway
			 (
e.g
., using a non-Mass HIway HISP); and
3. The provider organization does not have
			 any trading partners on the Mass HIway to implement a use case within the use
			 case category of provider-to-provider communications.
(e) The provider organization does not have
			 the capability to send ADT feeds.
(f) The provider organization has presented a
			 compelling rationale for a waiver that EOHHS, in its discretion, may
			 consider.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.17 - Reconsideration and Appeals Process

Current through Register 1525, July 5, 2024
(1)
Applicability
. The provisions set forth in 101 CMR
			 20.17 establish EOHHS's review process for provider organization disputes
			 concerning penalties associated with the requirement to connect to the Mass
			 HIway as established by M.G.L c. 118I, and
			 101 CMR
			 20.08.
(2)
Notice of
			 Penalties
. EOHHS will notify the provider organization in writing
			 of EOHHS's determination of the provider organization's failure to comply with
			 the requirements to connect to the Mass HIway as established by
			 101 CMR
			 20.08. The notice will identify the penalty a
			 provider organization must pay and identify the provider organization's right
			 to review. EOHHS will notify the provider organization by letter, report,
			 computer printout, electronic transmission, or other format. This notification
			 is the Mass HIway Notice of Penalties.
(3)
Requesting EOHHS Review of
			 Penalties for Failure to Connect to the Mass HIway
.
(a) To preserve its right to an adjudicatory
			 hearing and judicial review, a provider organization must request EOHHS's
			 review of the determination of a penalty as specified in the notice. A provider
			 organization's request for review may be based on an alleged error in EOHHS's
			 determination of the provider organization's ability to connect to the Mass
			 HIway as required under
			 101 CMR
			 20.08. The provider organization's request
			 for review must be made in writing and be received by EOHHS within 30 calendar
			 days of the date appearing on the Mass HIway Notice of Penalties.
(b) A provider organization's request for
			 review may request reconsideration of the provider organization's compliance
			 with its selected use case(s) and penalty amounts.
(c) Any request for agency review submitted
			 pursuant to 101 CMR 20.17 must
1. identify
			 with specificity all determinations with which the provider organization
			 disagrees;
2. specify in sufficient
			 detail the basis for the provider organization's disagreement with those
			 determinations;
3. identify and
			 address all issues in the Mass HIway Notice of Penalties with which the
			 provider organization disagrees; and
4. include any documentary evidence and
			 information that the provider organization wants EOHHS to consider.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 20.00 - Health Information Exchange › Section 20.18 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				101
				CMR 20.00 are severable. If any provision of
				101
				CMR 20.00 is held invalid or unconstitutional, such
				determination will not affect the validity or constitutionality of any
				remaining provisions of
				101
				CMR 20.00.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 21.00 - COVID-19 Testing for Staff at Agency Facilities › Section 21.02 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 101 CMR 21.00 is to identify staff with
				asymptomatic or symptomatic COVID-19 infections in order to prevent viral
				transmission.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 21.00 - COVID-19 Testing for Staff at Agency Facilities › Section 21.03 - Definitions

Current through Register 1525, July 5, 2024
As used in 101 CMR 21.00, unless the context requires
				otherwise, terms have the meanings in 101 CMR 21.03.
Agency
. The Executive Office of Health
				and Human Services (EOHHS) or any department, agency, commission, office,
				board, division, or any other body within EOHHS as set out in M.G.L. c. 6A,
				§ 16, including the Executive Office of Elder Affairs.
COVID-19
. A contagious, sometimes
				fatal, respiratory disease caused by a newly discovered coronavirus that led to
				the declaration of a federal public health emergency and a state of emergency
				for the Commonwealth of Massachusetts.
COVID-19 Testing
. The process of a
				collection of a specimen from an individual for the purposes of determining the
				presence or absence of SARS-CoV-2 viral material in said specimen at an
				EOHHS-approved COVID-19 testing vendor.
COVID-19 Testing Vendor
. Providers of
				COVID-19 Tests as defined in 101 CMR 22.00.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 21.00 - COVID-19 Testing for Staff at Agency Facilities › Section 21.04 - COVID-19 Testing for Staff at Agency Facilities

Current through Register 1525, July 5, 2024
(1)
Testing
			 Requirement
. Staff at the following Agency facilities will receive
			 periodic COVID-19 tests:
(a) state
			 hospitals;
(b) the Chelsea and
			 Holyoke Soldiers' Homes;
(c)
			 state-operated congregate care facilities; and
(d) any other Agency facility designated by
			 the Secretary.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 21.00 - COVID-19 Testing for Staff at Agency Facilities › Section 21.05 - Implementation and Clarification

Current through Register 1525, July 5, 2024
(1)
Administrative Bulletins
. EOHHS may issue
			 administrative bulletins to clarify substantive provisions of 101 CMR
			 21.00.
(2)
Implementation Guidance
. EOHHS may develop policies,
			 guidelines, or memoranda to implement 101 CMR 21.00, including testing
			 requirements, frequency, or other process and operational components.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 21.00 - COVID-19 Testing for Staff at Agency Facilities › Section 21.06 - Severability

Current through Register 1525, July 5, 2024
The provisions of 101 CMR 21.00 are severable. If any
				provisions of 101 CMR 21.00 or the applications of such provisions to any
				person or circumstance are held invalid or unconstitutional, the other
				provisions of 101 CMR 21.00, or the application of such provisions to any
				person or circumstance other than that as to which it is held invalid or
				unconstitutional, will not be affected thereby.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 22.00 - Requirement to Disclose COVID-19 Test Results to EOHHS › Section 22.01 - Applicability

Current through Register 1525, July 5, 2024
101 CMR 22.00 applies to COVID-19 Testing
				Vendors.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 22.00 - Requirement to Disclose COVID-19 Test Results to EOHHS › Section 22.02 - Purpose

Current through Register 1525, July 5, 2024
(1) The purpose of 101 CMR 22.00 is to
			 require COVID-19 Testing Vendors to disclose COVID-19 Test Results to EOHHS to
			 effectively manage and coordinate the health and safety of Agency Staff,
			 Clients, and the Commonwealth.
(2)
			 Nothing in 101 CMR 22.00 is intended to conflict, limit, or prohibit COVID-19
			 Testing Vendors from disclosing COVID-19 Test Results in any other manner
			 authorized, permitted, or required by federal or state law.
(3) Nothing in 101 CMR 22.00 is intended to
			 conflict, limit, or prohibit the Department of Public Health or any other
			 public health entity from receiving, using, or disclosing COVID-19 information
			 under separate or existing authority.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 22.00 - Requirement to Disclose COVID-19 Test Results to EOHHS › Section 22.03 - Definitions

Current through Register 1525, July 5, 2024
As used in 101 CMR 22.00, unless the context requires
				otherwise, terms have the meanings in 101 CMR 22.03.
Agency
. The Executive Office of Health
				and Human Services (EOHHS) or any department, agency, commission, office,
				board, division, or any other body within EOHHS as set out in M.G.L. c. 6A,
				§ 16, including the Executive Office of Elder Affairs.
Applicable Law
. Any other applicable
				federal or state law or regulation pertaining to the use, disclosure,
				maintenance, privacy, security, or confidentiality of personally identifiable
				information.
Business Associate
. A term defined in
				45 CFR Part 160, § 103.
Covered Entity
. An entity as defined
				in 45 CFR Part 160, § 103.
COVID-19
. A contagious, sometimes
				fatal, respiratory disease caused by a newly discovered coronavirus that led to
				the declaration of a federal public health emergency and a state of emergency
				for the Commonwealth of Massachusetts.
COVID-19 Test Result
. The result of a
				collection of a specimen from an individual for the purpose of determining the
				presence or absence of SARS-CoV-2 viral material in said specimen along with
				personally identifiable information that identifies the individual. Such result
				may be subject to HIPAA, FIPA, and/or Applicable Law.
COVID-19 Testing Vendor
. A vendor,
				including a Covered Entity, Business Associate, Holder, or any other entity
				subject to HIPAA, FIPA, or Applicable Law, that provides COVID-19 Test
				Results.
FIPA
. The Fair Information Practices
				Act, found at M.G.L. c. 66A, and its attendant regulations at
				801
				CMR 3.00:
Privacy and
				Confidentiality
.
HIPAA
. The Health Insurance
				Portability and Accountability Act of 1996 and its attendant regulations at 45
				CFR Parts 160, 162 and 164.
Holder
. A term defined in M.G.L. c.
				66A, § 1.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 22.00 - Requirement to Disclose COVID-19 Test Results to EOHHS › Section 22.04 - Requirement to Disclose COVID-19 Test Results to EOHHS

Current through Register 1525, July 5, 2024
Upon the request of EOHHS, COVID-19 Testing Vendors must
				disclose COVID-19 Test Results to EOHHS. EOHHS may disclose such COVID-19 Test
				Results to its Agencies.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 22.00 - Requirement to Disclose COVID-19 Test Results to EOHHS › Section 22.05 - Use, Disclosure, and Safeguarding of COVID-19 Test Results

Current through Register 1525, July 5, 2024
EOHHS or its Agencies may use, disclose, and safeguard COVID-19
				Test Results pursuant to
				101 CMR 16.00:
Personal Data Use and Permitted Disclosures by and among EOHHS and Its
				Agencies
.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 22.00 - Requirement to Disclose COVID-19 Test Results to EOHHS › Section 22.06 - Implementation and Clarification

Current through Register 1525, July 5, 2024
(1)
Administrative Bulletins
. EOHHS may issue
			 administrative bulletins to clarify substantive provisions of 101 CMR
			 22.00.
(2)
Implementation Guidance
. EOHHS may develop policies,
			 guidelines, or memoranda to implement 101 CMR 22.00, and which may include
			 disclosure requirements, manner transmission, or security.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 22.00 - Requirement to Disclose COVID-19 Test Results to EOHHS › Section 22.07 - Severability

Current through Register 1525, July 5, 2024
The provisions of 101 CMR 22.00 are severable. If any
				provisions of 101 CMR 22.00 or the applications of such provisions to any
				person or circumstance are held invalid or unconstitutional, the other
				provisions of 101 CMR 22.00, or the application of such provisions to any
				person or circumstance other than that as to which it is held invalid or
				unconstitutional, will not be affected thereby.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 23.00 - COVID-19 Vaccinations for Staff at Certain Agency Facilities › Section 23.02 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				101 CMR
				23.00 is to require certain agency staff to document
				they have received COVID-19 vaccination and Influenza vaccination, or have
				taken required mitigation measures, in order to prevent viral infection and
				transmission.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 23.00 - COVID-19 Vaccinations for Staff at Certain Agency Facilities › Section 23.03 - Definitions

Current through Register 1525, July 5, 2024
As used in
				101 CMR
				23.00, unless the context requires otherwise, terms
				have the meanings in
				101
				CMR 23.03.
Agency
. The Executive Office of Health
				and Human Services (EOHHS) or any department, agency, commission, office,
				board, division, or any other body or facility within EOHHS as set out in
				M.G.L. c. 6A, § 16, including the Executive Office of Elder
				Affairs.
COVID-19
. Coronavirus Disease 2019,
				the disease caused by the SARS-CoV-2 virus.
COVID-19 Vaccination
. COVID-19
				vaccination means being up to date with COVID-19 vaccines as recommended by the
				Centers for Disease Control and Prevention (CDC).
Influenza Vaccination
. Influenza
				vaccination means immunization by either influenza vaccine, inactivated or
				live; attenuated and/or other influenza vaccine. It will also mean other
				pandemic or novel influenza virus(es) as specified in guidelines of the
				Department of Public Health.
Mitigation Measures
. Measures that
				employees who decline vaccination must take to prevent viral infection and
				transmission.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 23.00 - COVID-19 Vaccinations for Staff at Certain Agency Facilities › Section 23.04 - COVID-19 Vaccination and Influenza Vaccination for Certain Agency Staff

Current through Register 1525, July 5, 2024
(1)
(a)
			 Staff at state-operated hospitals, including hospitals operated by the
			 Department of Public Health and the Department of Mental Health, are required
			 to demonstrate that they have received COVID-19 vaccination unless the
			 exception in
			 101
			 CMR 23.04(5)  applies.
(b) Staff at state-operated
			 hospitals, including hospitals operated by the Department of Public Health and
			 the Department of Mental Health, are required to demonstrate that they have
			 received the Influenza vaccination unless the exception in
			 101
			 CMR 23.04(5) 
			 applies.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 23.00 - COVID-19 Vaccinations for Staff at Certain Agency Facilities › Section 23.05 - Implementation and Clarification

Current through Register 1525, July 5, 2024
(1)
Administrative Bulletins
. EOHHS may issue
			 administrative bulletins to clarify substantive provisions of
			 101 CMR
			 23.00.
(2)
Implementation Guidance
. EOHHS may develop policies,
			 guidelines, or memoranda to implement
			 101 CMR
			 23.00, including specification of the sites subject to
			 the vaccination requirement, vaccination schedules, documentation requirements,
			 frequency, or other process and operational components.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 23.00 - COVID-19 Vaccinations for Staff at Certain Agency Facilities › Section 23.06 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				101 CMR
				23.00 are severable. If any provisions of
				101 CMR
				23.00 or the applications of such provisions to any
				person or circumstance are held invalid or unconstitutional, the other
				provisions of
				101 CMR
				23.00, or the application of such provisions to any
				person or circumstance other than that as to which it is held invalid or
				unconstitutional, will not be affected thereby.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.01 - Regulatory Authority

Current through Register 1525, July 5, 2024
The Executive Office of Health and Human Services (EOHHS) is
				authorized by M.G.L. c. 6A, § 16R to promulgate regulations in
				consultation with the Department of Elementary and Secondary Education (DESE)
				to establish processes by which EOHHS, DESE, and additional designated agencies
				will conduct interagency reviews of an individual who presents as a complex
				case, as defined in
				101
				CMR 27.03.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.02 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				101 CMR
				27.00 is to implement M.G.L. c. 6A, § 16R, which
				establishes requirements by which an interagency team will review complex
				cases, as defined in
				101
				CMR 27.03. The interagency review team was
				established to collaborate on complex cases only where there is a need for
				urgent action to address the lack of consensus or resolution between state
				agencies about current service needs or placement of an
				individual.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.04 - Interagency Review Team Membership and Roles and Responsibilities

Current through Register 1525, July 5, 2024
(1) There will be an interagency review team
			 (IRT) to review complex cases. The IRT will include the following members:
(a) the secretary of EOHHS or a designee, and
			 the commissioner of DESE or a designee, who will serve as co-chairs of the
			 IRT;
(b) the assistant secretary of
			 MassHealth or a designee;
(c) the
			 commissioner of the Department of Mental Health (DMH) or a designee;
(d) the commissioner of the Department of
			 Children and Families (DCF) or a designee;
(e) the commissioner of the Department of
			 Developmental Services (DDS) or a designee;
(f) the commissioner of the Department of
			 Youth Services (DYS) or a designee;
(g) the commissioner of the Department of
			 Early Education and Care (EEC) or a designee;
(h) the secretary of the Executive Office of
			 Education (EOE) or a designee;
(i)
			 a representative of the OCA; and
(j) a representative from the school district
			 or districts responsible for any aspect of the individual's
			 education.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.05 - Referrals

Current through Register 1525, July 5, 2024
(1) Parties Who May Refer Cases for Review.
			 An individual's case may be referred to the IRT by
(a) an individual 16 years of age or
			 older;
(b) a state agency or a
			 representative of a state agency's ombudsman's office;
(c) a juvenile court in the Commonwealth of
			 Massachusetts;
(d) a hospital or
			 emergency service provider;
(e) a
			 school district;
(f) an attorney
			 representing the individual or the individual's parent or guardian;
(g) the individual's parent or guardian;
			 or
(h) a physician or behavioral
			 health care provider authorized to act on behalf of a parent or guardian who is
			 seeking access to services for the individual or the individual's parent or
			 guardian.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.06 - Eligibility for Review

Current through Register 1525, July 5, 2024
(1) An individual's
			 case is eligible for review by the IRT if
(a)
			 the individual presents a complex case as defined in
			 101
			 CMR 27.03, as determined by the
			 co-chairs;
(b) the case was
			 referred by a party who may refer such cases, consistent with
			 101
			 CMR 27.05(1);
(c) the documents and information required in
			 101
			 CMR 27.05(2)  have been
			 submitted to the co-chairs; and
(d)
			 the individual is domiciled in the Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.07 - Interagency Review Process

Current through Register 1525, July 5, 2024
(1)
The
			 IRT Review
.
(a) The IRT review
			 will include, without limit, review of the referral submission, input from the
			 individual, parent(s) or guardian(s), review of materials relevant to the
			 individual's case, including, as applicable, medical records, education records
			 and evaluations, any other relevant assessments of the subject individual, and
			 any report regarding the subject individual issued from the area or regional
			 level of state agencies involved.
(b) During the review process, the IRT must
			 provide the individual who is the subject of an IRT review, their legal
			 custodian, and any attorney representing the individual or the individual's
			 parent or guardian, as applicable, with regular updates and opportunities to
			 provide input and make decisions as the IRT deems appropriate
(c) The IRT may also accept or request input
			 from additional sources in its review of the individual's complex case,
			 including from
1. the individual's custodian,
			 in situations where the custodian is not the parent or guardian;
2. relevant service providers;
3. an attorney representing the individual or
			 the individual's parent or guardian;
4. a representative from the individual's
			 health plan; and
5. representatives
			 of juvenile probation or juvenile courts, if relevant to the case.
(d) The IRT may order expedited
			 eligibility determinations by a state agency or an extended evaluation at a
			 special education residential school, if the IRT deems such updated information
			 is necessary for the IRT to make determinations about the current service needs
			 of an individual under IRT review.
(e) The secretary of EOHHS, in consultation
			 with the commissioner of DESE, may authorize expenditures from the Interagency
			 Services Reserve Fund in accordance with the procedures in
			 101
			 CMR 27.08, including paying the costs of an
			 evaluation ordered by the IRT, as necessary to complete the IRT
			 review.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.08 - Interagency Services Reserve Fund

Current through Register 1525, July 5, 2024
(1) The
			 secretary of EOHHS administers and makes expenditures from the Interagency
			 Services Reserve Fund to effectuate the purpose of the interagency review
			 process, in consultation with the commissioner of DESE, pursuant to M.G.L. c.
			 6A, § 16R and M.G.L. c. 29, § 2TTTTT. The fund may be used for the
			 following purposes:
(a) covering the cost of
			 providing additional evaluation for an individual as needed by the IRT to issue
			 the required determination;
(b)
			 covering the costs of a service or placement determined to be necessary for an
			 individual in the IRT final determination, until a resolution regarding agency
			 fiscal responsibility is reached; and
(c) additional costs required to facilitate
			 the complete review of the complex case and reach final resolution among
			 agencies to meet the individual's service needs.