reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 11.00 - Internal Appeals Process and External Review Process for Risk-bearing Provider Organizations and Accountable Care Organizations › Section 11.17 - Assignment of External Reviews

Current through Register 1525, July 5, 2024
Upon the determination by the Office of Patient Protection that a Patient's request for review is eligible for external review, the external review request shall be assigned promptly to an External Review Agency by the Office of Patient Protection on a random basis. The Office of Patient Protection shall forward a copy of the Patient's request for an external review together with any related documentation filed with the Office by the Patient to the External Review Agency.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 11.00 - Internal Appeals Process and External Review Process for Risk-bearing Provider Organizations and Accountable Care Organizations › Section 11.18 - Notification of Assignment and Request for Information

Current through Register 1525, July 5, 2024
(1) Upon the assignment of a request to an External Review Agency, the Office of Patient Protection shall notify the Patient, the Patient's Authorized Representative if applicable, and the involved RBPO or ACO that the request has been assigned and shall identify the selected External Review Agency, and where applicable, identify that the review is being considered on an expedited basis. A copy of the Patient's written authorization for the release of medical records and information shall be included with the notification.
(2) Upon receipt of an external review assignment, the External Review Agency shall assign the review to an external reviewer who did not participate in any of the RBPO's or ACO's prior decisions on the denial or restriction. The external reviewers shall be Actively Practicing Health Care Professionals in the Same or Similar Specialty who typically treat the medical or behavioral health condition, perform the procedure or provide the treatment that is the subject of the external review.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 11.00 - Internal Appeals Process and External Review Process for Risk-bearing Provider Organizations and Accountable Care Organizations › Section 11.19 - Medical Records and Other Information

Current through Register 1525, July 5, 2024
(1) The RBPO or ACO, as authorized pursuant to  958 CMR 11.13, shall forward the Patient's medical and treatment records relevant to the review and created by or in the possession or control of the RBPO or ACO, to the identified External Review Agency.
(a) In a non-expedited review, any such information shall be forwarded within three business days of receipt of the notification provided pursuant to  958 CMR 11.18.
(b) In an expedited review, any such information shall be forwarded within one business day of receipt of the notification provided pursuant to  958 CMR 11.18.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 11.00 - Internal Appeals Process and External Review Process for Risk-bearing Provider Organizations and Accountable Care Organizations › Section 11.20 - Conflict of Interest

Current through Register 1525, July 5, 2024
(1) External review agencies shall ensure that the External Review Agency and the external reviewers assigned to any external review:
(a) Shall have no Material Professional, Material Familial, or Financial Affiliation with any party that is the subject of the review; and
(b) Shall have no Material Professional, Material Familial or Financial Affiliation with any party that participated in the denial or restriction that is the subject of review.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 11.00 - Internal Appeals Process and External Review Process for Risk-bearing Provider Organizations and Accountable Care Organizations › Section 11.21 - Decisions and Notice

Current through Register 1525, July 5, 2024
(1) The External Review Agency shall determine whether the requested referral, treatment or service that is the subject of the review is likely to produce a more clinically beneficial outcome for the Patient than the referral, treatment or service recommended by the RBPO or ACO.
(2) The External Review Agency shall base its determination whether the requested referral, treatment or service is likely to produce a more clinically beneficial outcome for the Patient on a review of the following factors:
(a) The Patient's clinical history, including prior clinical relationships;
(b) The availability, within the RBPO or ACO, of a Health Care Professional with the appropriate training and experience to meet the particular health care needs of the Patient, including timely access;
(c) Generally accepted principles of professional medical practice;
(d) The efficacy of the requested treatment or service, based on scientific evidence, professional standards and expert opinion, in improving health outcomes; and
(e) Other factors the External Review Agency considers relevant to the Patient's ability to access the requested referral, treatment, or service.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 11.00 - Internal Appeals Process and External Review Process for Risk-bearing Provider Organizations and Accountable Care Organizations › Section 11.22 - Confidentiality

Current through Register 1525, July 5, 2024
No RBPO or ACO or External Review Agency or external reviewer shall, except as specifically authorized by an appropriate release signed by a Patient or a Patient's Authorized Representative authorized by law, release medical and treatment information or other information obtained as part of an internal appeal or external review, except to the Office of Patient Protection and as otherwise authorized or required by law.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 11.00 - Internal Appeals Process and External Review Process for Risk-bearing Provider Organizations and Accountable Care Organizations › Section 11.23 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1) Each RBPO or ACO shall provide the following information to the Office of Patient Protection no later than April 1st of each year. Such information shall be submitted in a manner specified by the Office of Patient Protection or using a template or form developed by the Office of Patient Protection.
(a) A copy of the Patient notice used by the RBPO or ACO.
(b) A summary report of the Patient appeals received by the RBPO or ACO. Summary reports shall not include any information identifying Patients, but shall include the number of appeals and the resolutions of such appeals. Appeals shall be classified into the following categories of denials, restrictions or limitations:
1. Referrals to Providers not affiliated with the RBPO or ACO.
2. Type or intensity of treatment or services.
3. Denials or restrictions on timely access to treatment or services.
4.
Other
. For appeals categorized as "other", the RBPO or ACO shall include a brief description of the Patient's concern.
(c) A description of the RBPO's or ACO's appeals process to resolve Patient appeals, including the title and clinical background of the Internal Reviewer(s);
(d) A description or example of a written resolution of an appeal upholding the RBPO or ACO decision and a description or example of a written resolution of an appeal overturning the RBPO or ACO decision.
(e) The name, telephone number and email address of the person or persons within the RBPO or ACO who will serve as the general contact for the Office of Patient Protection for internal appeals and external reviews. If this contact information changes, the RBPO or ACO shall provide the new information in writing to the Office of Patient Protection within ten business days following the change.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 11.00 - Internal Appeals Process and External Review Process for Risk-bearing Provider Organizations and Accountable Care Organizations › Section 11.24 - Severability

Current through Register 1525, July 5, 2024
If any section or portion of a section of  958 CMR 11.00 or the applicability thereof is held invalid or unconstitutional by any court of competent jurisdiction, the remainder of  958 CMR 11.00 or the applicability thereof to other persons, entities, or circumstances shall not thereby be affected.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
958 CMR 12.00 governs the Commission's review of a Referred Manufacturer's pricing practices pursuant to M.G.L. c. 6D, § 8A and M.G.L. c. 118E, § 12A. 958 CMR 12.00 specifies the procedures by which the Commission may review information relative to a Referred Manufacturer's pricing practices and determine whether its pricing of a Drug is unreasonable or excessive in relation to the Drug's value.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 958 CMR 12.00, these terms have the following meaning:
Attestation Form
. A form, prescribed by the Commission, to be signed by a Referred Manufacturer, attesting that all information reported or provided is true and correct under pains and penalties of perjury.
Board
. The governing board of the Commission established in M.G.L. c. 6D, § 2(b).
Commission
. The Health Policy Commission established in M.G.L. c. 6D.
Drug
. A pharmaceutical product manufactured by a Manufacturer.
Executive Director
. The Executive Director of the Commission.
Executive Office
. The Executive Office of Health and Human Services established under M.G.L. c. 6A.
Manufacturer
. An entity that manufactures a pharmaceutical product for which coverage is, or is reasonably anticipated to become, available from MassHealth for eligible members.
MassHealth
. The medical assistance and benefit programs administered by the Executive Office pursuant to Title XIX of the Social Security Act ( 42 U.S.C. §
									1396  et seq.), Title XXI of the Social Security Act ( 42 U.S.C. §
									1397aa et seq.), M.G.L. c. 118E, and other applicable laws and waivers to provide and pay for medical services to eligible members.
Referred Manufacturer
. A Manufacturer for which the Commission has received notice from the Executive Office pursuant to M.G.L. c. 118E, § 12A(g) identifying the Manufacturer as a Manufacturer of a Drug for which (i) negotiations with the Executive Office for a Supplemental Rebate have been unsuccessful and (ii) the Executive Office has determined to be a High-cost Drug pursuant to 101 CMR 801.00.
Standard Reporting Form
. The form, as prescribed by the Commission, pursuant to 958 CMR 12.04.
Supplemental Rebate
. As authorized by the Social Security Act, § 1927 ( 42 U.S.C. §
									1396r-8
et seq.),
the value of payments by a Manufacturer for covered Drugs dispensed or administered for use by MassHealth members and included on claims paid by the Executive Office or a participating MassHealth managed care entity, which may be the result of a traditional or value-based arrangement, and which is in addition to the Manufacturer's mandated rebate under the Medicaid Drug Rebate Program as authorized by the Social Security Act, § 1927 ( 42 U.S.C. §
									1396r-8
et seq.)
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.03 - Notice of Identification by the Executive Office

Current through Register 1525, July 5, 2024
(1) The Commission shall provide written notice to each Referred Manufacturer. Such notice shall state that:
(a) the Commission has received notice from the Executive Office identifying the Referred Manufacturer as a Manufacturer of a Drug for which
1. negotiations with the Executive Office for a Supplemental Rebate have been unsuccessful and
2. the Executive Office has determined to be a High-cost Drug pursuant to 101 CMR 801.00;
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.04 - Standard Reporting Form, Requests for Information, and Attestation Form

Current through Register 1525, July 5, 2024
(1) Any Referred Manufacturer shall: provide its own estimation of the value of the Drug and supporting information, such as existing analyses; submit any additional data or documents that the Referred Manufacturer considers to be pertinent to the Commission's review; complete and submit a Standard Reporting Form; and respond to any requests for additional information within 30 days of receipt of the written notice or request or such other time frame as may be agreed upon, in writing, between the Referred Manufacturer and the Commission, through the Executive Director.
(2) The Standard Reporting Form shall be developed and updated from time to time by the Commission, with advance notice to and input from Manufacturers and other interested stakeholders, and shall be made publicly available on the Commission's website.
(3) The Standard Reporting Form shall include requests for information relating to the value and pricing of a Drug including, but not be limited to:
(a) information on clinical efficacy, effectiveness and outcomes of the Drug, including clinical information submitted by the Referred Manufacturer to the U.S. Food and Drug Administration or successor agency;
(b) a schedule of the Drug's wholesale acquisition cost and cost increases over the previous five calendar years;
(c) information regarding the Drag's prices, net of rebates, internationally, nationally, and in Massachusetts;
(d) information to support the Referred Manufacturer's pricing of the Drug;
(e) information on utilization of the Drag;
(f) financial information for the Referred Manufacturer in the aggregate and for the Drug, using the best information available including, but not limited to:
1. the Referred Manufacturer's research and development budget and expenditures including, but not limited to, the Referred Manufacturer's aggregate, company-level research and development and other relevant capital expenditures, including facility construction, for the most recent year for which final audited data are available;
2. the funding sources for the Referred Manufacturer's research and development expenditures, including identification of any public funding received;
3. information regarding the Referred Manufacturer's acquisition cost if the Drag was acquired;
4. the Referred Manufacturer's manufacturing, production and distribution budget and expenditures; and
5. the Referred Manufacturer's marketing budget and expenditures; and
(g) a written, narrative description, suitable for public release, of factors that contributed to reported changes in wholesale acquisition cost and prices net of rebates during the previous five calendar years.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.05 - Public Notice and Stakeholder Input

Current through Register 1525, July 5, 2024
(1) Following notice to a Referred Manufacturer pursuant to 958 CMR 12.03, the Commission shall post a notice on its website regarding the identification by the Executive Office of the Referred Manufacturer.
(2) Interested stakeholders including, but not limited to, patients, providers, provider organizations, clinical experts, and payers, may provide data or information to the Commission that they consider pertinent to the Commission's review of the Referred Manufacturer's pricing and the factors included in 958 CMR 12.06.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.06 - Identification of a Proposed Value

Current through Register 1525, July 5, 2024
(1) Based on all available information, including information the Commission receives from MassHealth under M.G.L. c. 118E, § 12A, from the Referred Manufacturer under 958 CMR 12.04, and from any other interested stakeholders, the Commission may identify a proposed value for the Drug.
(2) In identifying a proposed value for a Drug, the Commission shall consider the Drag's benefits to the Commonwealth and its residents and may consider factors including, but not limited to:
(a) information regarding the clinical efficacy, effectiveness and outcomes of the Drug;
(b) information relating to the pricing of the Drag including, but not limited to, information relating to prices paid by other countries;
(c) the Drag's net price as compared to its therapeutic benefits including, but not limited to, the seriousness and prevalence of the disease or condition that is treated by the Drug, and the extent to which the Drug addresses an unmet medical need or impacts affected patient subpopulations;
(d) the extent of utilization of the Drug or expected utilization of the Drug;
(e) the likelihood that the use of the Drug will reduce the need for other care or reduce caregiver burden, or enhance quality of life;
(f) whether there are therapeutic equivalents of the Drug, and the number of such equivalents available;
(g) characteristics of the Drug, including means and setting of administration, dosing frequency, duration of therapy, side effects, interactions and contraindications, and potential for misuse or abuse;
(h) analyses by independent third parties, provided that the Commission shall consider the methodologies and models underlying such analyses, any assumptions or limitations of research findings in the context of the results, and any outcomes for affected subpopulations that utilize the Drug, if applicable; and
(i) any other factors that the Commission considers relevant.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.07 - Identification of a Proposed Supplemental Rebate

Current through Register 1525, July 5, 2024
(1) Based on all available information, including information the Commission receives from MassHealth under M.G.L. c. 118E, § 12A, from the Referred Manufacturer under 958 CMR 12.04 and from any other interested stakeholders, the Commission may identify a proposed Supplemental Rebate for the Drug.
(2) In identifying a proposed Supplemental Rebate for the Drug, the Commission:
(a) shall consult the Executive Office and take into consideration any proposed Supplemental Rebate framework previously introduced in negotiations between the Executive Office and the Referred Manufacturer;
(b) may, as part of its consultation with the Executive Office, share information received from the Referred Manufacturer with the Executive Office; and
(c) may base the proposed Supplemental Rebate on a proposed value of the Drug as identified by the Commission.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.08 - Determination of Potentially Unreasonable or Excessive Pricing

Current through Register 1525, July 5, 2024
After receiving the completed responses from the Referred Manufacturer pursuant to 958 CMR 12.04, the Commission shall make a determination to close review, and so notify the Referred Manufacturer, or, by a vote of the Board, shall make a determination that the Referred Manufacturer's pricing of the Drug is potentially unreasonable or excessive in relation to the value of the Drug as identified by the Commission and to continue review pursuant to 958 CMR 12.09. The Commission shall publicly post a summary of the rationale for determining that the Referred Manufacturer's pricing of the Drug is potentially unreasonable or excessive in relation to the value of the Drug and a list of any third-party cost-effectiveness analysis relied upon in identifying the proposed value.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.09 - Determination of Unreasonable or Excessive Pricing

Current through Register 1525, July 5, 2024
(1) At least 30 days prior to any determination by the Commission that the Referred Manufacturer's pricing of the Drug is unreasonable or excessive, the Commission, through the Executive Director:
(a) shall provide notice to the Referred Manufacturer that Commission has determined pursuant to 958 CMR 12.08 that Referred Manufacturer's pricing of the Drug is potentially unreasonable or excessive in relation to the value of the Drug as identified by the Commission and that the Commission intends to continue its review;
(b) shall provide to the Referred Manufacturer a copy of information, analyses or reports reviewed or used in identifying the proposed value of the Drug, and, to the extent that the Commission engages with a third-party to provide cost-effectiveness analysis or research related to the proposed value of the Drug, such information shall include:
1. a description of the methodologies and models used in such analysis;
2. any assumptions and potential limitations of research findings in the context of the results; and
3. any outcomes for affected subpopulations that utilize the Drug, if applicable;
(c) shall request that the Referred Manufacturer provide further information about the pricing of the Drug, including a justification for its pricing of the Drug, and any response to the information, analyses or reports provided pursuant to 958 CMR 12.09(l)(b);
(d) shall request information from other interested stakeholders, which may include, but not be limited to, patients, providers, provider organizations, clinical experts, and payers; and
(e) may conduct a public hearing pursuant to 958 CMR 12.09.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.10 - Further Negotiations with the Executive Office

Current through Register 1525, July 5, 2024
(1) Nothingin958 CMR 12.00 shall preclude a Referred Manufacturer from engaging in further negotiations with the Executive Office pursuant to M.G.L. c. 118E, § 12A(b) during the Commission's review of a Referred Manufacturer's Drug under 958 CMR 12.00 nor preclude the Executive Office from entering into a Supplemental Rebate agreement at a later date.
(2) The Commission may close review of a Drug, with notice to the Referred Manufacturer, upon receiving a written request from the Executive Office to withdraw its referral under M.G.L. c. 118E, § 12A(g).
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.11 - Information Provided by the Executive Office in Connection with the Referral

Current through Register 1525, July 5, 2024
Any information provided to the Commission by the Executive Office under M.G.L. c. 118E, § 12A(g),and 101 CMR 801.05(2) shall be considered a disclosure made for the express purpose of carrying out Title XIX of the Social Security Act ( 42 U.S.C. §
									1396
et seq.)
and shall only be used by the Commission for the purposes set forth in M.G.L. c. 6D, § 8A.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.12 - Confidentiality

Current through Register 1525, July 5, 2024
Records disclosed by a Referred Manufacturer under 958 CMR 12.00 shall not be a public record under M.G. L. c. 4, § 7 or M.G.L. c. 66 and shall remain confidential; provided, however, that the Commission may disclose the narrative submitted by a Referred Manufacturer pursuant to 958 CMR 12.04(3)(g) and may produce reports summarizing any findings consistent with its responsibilities under M.G.L. c. 6D, § 8A. Such reports shall not identify specific prices charged for or rebate amounts associated with drugs of a Referred Manufacturer and shall not be presented in a manner that is likely to compromise the financial, competitive or proprietary nature of the information. The Commission shall develop and maintain policies and protocols to protect the confidentiality of records received from the Executive Office pursuant to M.G.L. c. 118E, § 12A(g), and 101 CMR 801.05(2) or disclosed by a Referred Manufacturer under 958 CMR 12.00.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.13 - Penalties

Current through Register 1525, July 5, 2024
(1) The Commission may assess a civil penalty to a Referred Manufacturer of not more than $500,000 in each instance if it finds that the Referred Manufacturer has:
(a) Failed to timely provide information to the Commission.
(b) Knowingly obstructed the Commission's ability to issue a determination, including providing incomplete, false or misleading information to the Commission.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.14 - Applicability to Individual Patients

Current through Register 1525, July 5, 2024
A determination of the value of a Drug pursuant to 958 CMR 12.00 is not intended to be a determination of the value of a Drug for any individual patient.
Code of Massachusetts Regulations › 958 CMR - HEALTH POLICY COMMISSION › Title 958 CMR 12.00 - Drug Pricing Review › Section 12.15 - Severability

Current through Register 1525, July 5, 2024
If any section or portion of a section of 958 CMR 12.00 or the applicability thereof is held invalid or unconstitutional by any court of competent jurisdiction, the remainder of 958 CMR 12.00 or the applicability thereof to other persons, entities, or circumstances shall not thereby be affected.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.01 - Authority

Current through Register 1525, July 5, 2024
960 CMR
				2.00 is promulgated pursuant to M.G.L. c. 66A, as
				amended by St. 1977, c. 691.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.02 - Scope and Application

Current through Register 1525, July 5, 2024
960 CMR
				2.00 shall govern the collection, maintenance and
				disclosure of personal data contained in manual or computerized personal data
				systems and shall apply to the State Treasurer's Office and all agencies and
				boards thereunder.
				960 CMR
				2.00 shall not apply to criminal offender record
				information as defined in M.G.L. c. 6, § 167, or to personal or other data
				which is not contained in a personal data system
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.03 - Fees

Current through Register 1525, July 5, 2024
An agency may charge a fee of ten cents per page for
				photocopying of records susceptible to photocopying and may charge a fee
				substantially equivalent to the actual cost of reproduction as determined by
				the responsible agency employee for copying records not susceptible to
				photocopying (e.g. oversize documents, punch cards or magnetic tapes).
A fee reasonably related to cost may also be charged for making
				a search of the system or records provided that no charge may be made for a
				search requiring less than one hour to complete.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.04 - Meaning of Terms

Current through Register 1525, July 5, 2024
As used in
				960 CMR
				2.00, unless the context otherwise requires, the
				following terms shall have the following meanings:
Access
means availability of a record
				to a data subject.
Agency
means the State Treasurer's
				Office, or any board, commission or other body therein.
Data subject
means an individual whose
				name or identity is added to or maintained in a personal data system.
Disclose
means to make available or
				release a record to anyone other than the data subject or employees of the
				holding agency.
Holds
means collects, maintains, or
				disseminates, whether manually, mechanically, or electronically.
Indexed personal data system
means a
				personal data system from whicha record maybe retrieved in the ordinary course
				by personal identifier.
Personal data system
means a
				collection ofrecords a substantialnumber of which contain personal data or,
				where a record may be retrieved in the ordinary course by personal identifier,
				any of which contain personal data. The term does not include any collection of
				records containing criminal offender record information as defined in M.G.L. c.
				6, § 167.
Personal identifier
means any element
				of data which may be used to fix a person's identity either by itself or when
				combined with other data accessible to the holder of such data including,
				without limitation, name, address, social security number, date of birth, race
				or zip code.
Public records
, defined in M.G.L. c.
				4, § 7, par. 26, means all books, papers, maps, photographs, recorded
				tapes, financial statements, statistical tabulations, or other documentary
				materials or data, regardless of physical form or characteristics, made or
				received by any official or employee or an agency, unless such materials or
				data fallwithin the exemptions set out in said section 7; and, pursuant to said
				exemptions, shall not include materials or data specifically or by necessary
				implication exempted from disclosure by statute; or personnel and medical files
				or information, or materials or data relating to a specifically named
				individual, the disclosure of which may constitute and invasion of personal
				privacy.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.05 - Responsible Person

Current through Register 1525, July 5, 2024
Each agency shall designate, for each personal data system it
				maintains, a person to serve as the responsible person under M.G.L. c. 66A,
				§ 3 as amended by St. 1977, c. 691.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.06 - Duties and Responsibilities

Current through Register 1525, July 5, 2024
The responsible person designated under
				960 CMR 2.05
				shall, with respect to the system or systems for which he is immediately
				responsible:
(1) ensure that the
			 requirements of M.G.L. c. 66A and of
			 960 CMR
			 2.00 for preventing unauthorized access to or
			 disclosure of personal data are followed;
(2) receive complaints and objection;
			 and
(3) answer questions.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.07 - Contracts to Hold Personal Data

Current through Register 1525, July 5, 2024
Agencies may enter into contracts to hold personal data but no
				such contract shall relieve the agency of its obligations under
				960 CMR
				2.00. Every such contract shall include such
				provisions as are necessary to ensure compliance with
				260 CMR 2.00 and the Attorney
				General may treat the violation of any such provisions as a violation of M.G.L.
				c. 214, § 3B.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.08 - Personnel Training

Current through Register 1525, July 5, 2024
Each agency shall inform all of its employees who have
				responsibilities or functions for the design, development, operation, or
				maintenance of a personal data system or the use of personal data therein, of
				the provisions of
				960 CMR
				2.00 and of the civil remedies described in M.G.L. c.
				214, § 3B, available to individuals whose rights under M.G.L. c. 66A are
				allegedly violated.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.09 - Physical Security

Current through Register 1525, July 5, 2024
Each agency shall take all reasonable precautions to protect
				personal data from fire, theft, flood, natural disaster, unauthorized removal
				or other security hazard.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.10 - Duplicate Files

Current through Register 1525, July 5, 2024
Each agency shall keep the number of duplicate files of
				personal data to an absolute minimum and shall ensure that all duplicate file
				systems are maintained in a manner consistent with the requirements of
				960 CMR
				2.00.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.11 - Notice and Annual Report to the Secretary of State

Current through Register 1525, July 5, 2024
Each agency shall, by April 1, 1978, and upon the
				subsequentestablishment, termination, or change in character of a personal data
				system, file a report with the Supervisor of Public Records regarding each
				personal data system it operates in the manner prescribed below. Such report
				shall include, but not necessarily be limited to the following
				information:
(1) the name of the
			 system;
(2) the nature and purpose
			 of the system;
(3) the number of
			 persons on whom data are or are expected to be maintained;
(4) the categories of data maintained, or to
			 be maintained, indicating which categories are or will be stored in an
			 automated personal data system;
(5)
			 the agency's policies and practices regarding data storage, retention of data,
			 and disposal thereof;
(6) the
			 categories of data sources;
(7) a
			 description of types of uses made or to be made of data, including a
			 description of all classes of users of such data;
(8) a description of the actions taken to
			 comply with M.G.L. c. 66A; and
(9)
			 the name, title, and business address of the individual immediately responsible
			 for the system.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.12 - Audit Trail

Current through Register 1525, July 5, 2024
Each agency shall maintain as an audit trail records which show
				any disclosure of personal data the agency holds. In the case of personal data
				systems in which personal data is stored, in whole or in part, in a computer or
				in electronically controlled or accessible files, the audit trail shall include
				a complete and accurate record of every disclosure of personal data, including
				the identity of all persons and organizations to whom such disclosure has been
				made and their declared intentions regarding the use of the personal data
				disclosed. In the case of all other personal data systems, the audit trail
				shall include such information to the maximum extent feasible. The audit trail
				shall be deemed part of the data to which it relates for all purposes under
				960 CMR
				2.00.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.13 - Disclosure: Exception for Medical and Psychiatric Emergencies

Current through Register 1525, July 5, 2024
No agency shall disclose personal data to any person or other
				entity unless such disclosure is authorized by state or federal statute or
				regulation or is approved by the holding agency and by the data subject whose
				personal data is sought or an authorized representative of the data subject.
				Medical or psychiatric data may be disclosed to a physician treating a data
				subject, upon the request of said physician, if a medical or psychiatric
				emergency arises which precludes the data subject's giving approval for such
				disclosure; provided, however, that the agency shall give notice of the fact of
				such disclosure to the data subject upon termination of the
				emergency.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.14 - Approval by Data Subject

Current through Register 1525, July 5, 2024
The approval of a data subjectorauthorized representative prior
				to a disclosure as required by
				960
				CMR 2.13 may be granted in writing or orally,
				including by telephone; provided, that the agency seeking such approval shall
				make reasonable efforts to verify the identity of the data subject and the
				authority of any person representing the data subject; and, provided further,
				that the agency shall, if no written consent is given, make a notation of an
				oral approval and shall file such notation with the personal data
				held.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.15 - Disclosure of Public Records

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 66, § 10, an agency shall disclose
				upon request, without consent of the data subject, any personal data which is a
				public record as defined in
				960 CMR
				2.04.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.16 - Invasion of Personal Privacy: General Rule

Current through Register 1525, July 5, 2024
Personal data the disclosure of which constitute an invasion of
				personal privacy is not a public record. In general, it is an invasion of
				personal privacy under M.G.L. c. 214, § 1B, as appearing in St. 1973, c.
				1114, § 72, to disclose personal data where such disclosure will result in
				an unreasonable, substantial or serious interference with the privacy of a data
				subject unless the data subject or his authorized representative consents to
				such disclosure.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.17 - Invasion of Personal Privacy: General Rule

Current through Register 1525, July 5, 2024
In deciding whether disclosure of personal data will constitute
				an invasion of personal privacy, agencies shall consider the following
				examples:
(1) Disclosure without the
			 consent of the data subject in the following situations is usually not an
			 invasion of personal privacy unless the disclosure would clearly violate
			 standards of ordinary decency:
(a) Disclosure
			 of routine correspondence including without limitation applications for
			 benefits under government programs;
(b) Disclosure of complaints where disclosure
			 is accompanied by a statement as to whether any findings have been made on the
			 complaint and what those findings are.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.18 - Response to Compulsory Legal Process

Current through Register 1525, July 5, 2024
(1) Each agency shall maintain procedures to
			 ensure that no personal data is made available from its personal data systems
			 in response to a demand for data by compulsory legal process unless the data
			 subject has been notified of such demand in reasonable time to seek to have the
			 process quashed . To fulfill this requirement, the procedures of each agency
			 shall include:
(a) an explanation to agency
			 personnel of rules governing the service of subpoenas inconnection with
			 proceedings before state and federal courts and administrative
			 agencies.
(b) instructions to bring
			 service of any subpoena immediately to the attention of the responsible person
			 designated under
			 960 CMR
			 2.05.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.19 - Public Inquiry

Current through Register 1525, July 5, 2024
Where an individual has reason to believe that personal data
				relating to him is held, but where the specific agency which holds such data is
				unknown to him, the individual may request, in writing, that the responsible
				person designated by the agency locate all personal data held in indexed
				personal data systems by agencies affected by
				960 CMR
				2.00. The responsible person shall make a reasonable
				effort to locate all such personal data and shall respond to such request
				within 20 days.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.20 - Right of Access

Current through Register 1525, July 5, 2024
An agency shall, within 20 days of receipt of a request, grant
				access to any data subject, to any personal data concerning him which is held
				by the agency in an indexed personal data system, except where such access is
				prohibited by statute. In addition, such data subject shall have the right to
				inspect and to copy any such personal data subject to
				supervision.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.21 - Notification of Denial of Access to Data

Current through Register 1525, July 5, 2024
Anagency shall, within ten days of receipt of a request notify
				in writing any individual of the denial of his request for access, the reasons
				therefor, and the rights of appeal set forth in
				960 CMR
				2.24
et
				seq
.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.22 - Objections by Data Subjects

Current through Register 1525, July 5, 2024
A data subject who objects to the collection, maintenance,
				dissemination, use, accuracy, completeness or type of personal data held
				regarding him, may file an objection with the person
				responsible.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.23 - Duties of Responsible Person on Receipt of Objection from a Data Subject

Current through Register 1525, July 5, 2024
On receipt of an objection, the person responsible for a data
				system shall investigate and if, the objection is found to be meritorious, he
				shall correct the contents of the data or the methods for holding or use of
				such data. If the objection is found to lack merit he shall allow the
				complainant to file and disseminate a statement of objection, accompanied by
				the data in question. In either event he shall notify the data subject in
				writing within 30 days following receipt of the objection.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.24 - Appeal of Decision of Responsible Person

Current through Register 1525, July 5, 2024
Any data subject, who objects to the decision of the person
				responsible for the personal data system may appeal the matter to the
				Supervisor or Public Records. Such appeal shall be filed in writing within 30
				days of notification of the decision of the person responsible for the personal
				data system.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.25 - Failure to Render a Decision

Current through Register 1525, July 5, 2024
Any failure to render a decision at any stage of the appeal
				process within the time periods provided, absent contrary agreements, may be
				treated as a denial of the relief sought for purposes of further
				appeal.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.26 - Judicial Relief

Current through Register 1525, July 5, 2024
No provision of
				960 CMR
				2.00 shall be interpreted in such a way as to preclude
				a data subject or the Attorney General from bringing an action in a court of
				proper jurisdiction in accordance with M.G.L. c. 124, §
				3B.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 2.00 - Fair Information Practices › Section 2.27 - Sanctions

Current through Register 1525, July 5, 2024
Any state employee violating
				960 CMR
				2.00 shall be subject to reprimand, suspension,
				dismissal, or other disciplinary action by the employer agency consistent with
				the rules and regulations of the Commonwealth governing its employees.
Any agency which violates the terms of
				960 CMR
				2.00 may be liable to individuals injured, pursuant to
				M.G.L. c. 214, § 3B, and may be subject to legal action to enjoin such
				violations brought by the Attorney General. Any other entity which violates any
				provision of
				960 CMR
				2.00 shall be subject to a review and an investigation
				by the appropriate administrative agency of the State Treasurer's Office which
				may lead to suspension of any contractual relationship and to legal sanctions
				brought by the Attorney General.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 3.00 - Deferred Compensation › Section 3.01 - General Regulations

Current through Register 1525, July 5, 2024
Authority for the promulgation of
				960 CMR
				3.00 is derived from St. 1981 c. 731, §
				7.