# COMAR Title 10 — Maryland Department of Health

## Subtitle 11 — Maternal and Child Health

### Chapter 05 — Child Death Review Case Reporting System

**Authority:** Health-General Article, §§2-104(b) and 5-704, Annotated Code of Maryland

**Administrative History:** Effective date: April 6, 2009 (36:7 Md R. 524)

#### Regulation .01 Purpose.

*COMAR 10.11.05.01*

The purpose of this chapter is to clarify the authority of State and local child fatality review teams in Maryland to participate in certain national child death review case reporting systems as a means to enhance the CFR teams' ability to more effectively carry out its purpose of:

A. Developing an understanding of the causes and incidence of child deaths;

B. Developing plans for and implementing changes within the agencies represented on the child fatality review teams to prevent child deaths; and

C. Advising the Governor, the General Assembly, and the public on changes to law, policy, and practice to prevent child deaths.

#### Regulation .02 Scope.

*COMAR 10.11.05.02*

A. This chapter controls the drafting and implementation of data use agreements between the State child fatality review team and other public or private organizations or entities in order to assure that Maryland's State and local child fatality review teams are able to participate in and utilize recognized, appropriate national child death review case reporting systems in a secure manner that comports with applicable laws governing the confidentiality of child death information.

B. This chapter governs the:

  (1) Maintenance of confidential child death review case data;

  (2) Participation of State and local child fatality review teams in national child death review reporting systems; and

  (3) Aggregation and reporting of de-identified child death data in the administration of Health-General Article, Title 5, Subtitle 7, Annotated Code of Maryland.

#### Regulation .03 Definitions.

*COMAR 10.11.05.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Child death review (CDR) case reporting system” means a national standardized, web-based reporting system for the confidential collection, analysis, aggregation, and reporting of child death data that is maintained and operated by a national center for child death review (NCCDR).

  (2) “Data use agreement” means a contract between the Department and a NCCDR that establishes the terms and conditions for the State and local CFR teams' participation in a child death review case reporting system.

  (3) “Department” means the Maryland Department of Health.

  (4) “Local child fatality review (CFR) team” means a multidisciplinary and multiagency review team established by a county under Health-General Article, §5-705, Annotated Code of Maryland.

  (5) “National center for child death review (NCCDR)” means a public, private, nonprofit, or governmental organization or entity that is:

    (a) Funded or otherwise recognized by the United States Department of Health and Human Services (DHHS); and

    (b) Responsible for:

      (i) Developing a CDR case reporting system;

      (ii) Training and serving as a liaison to State agencies participating in the system; and

      (iii) Disseminating national child death review data generated by the system.

  (6) “State Child Fatality Review (CFR) Team” means the State-level multidisciplinary and multiagency review team established under Health-General Article, §5-702, Annotated Code of Maryland.

#### Regulation .04 Data Use Agreement.

*COMAR 10.11.05.04*

A. The Department may enter into a data use agreement with a NCCDR to participate in the NCCDR's case reporting system.

B. The purpose of the data use agreement is to establish the terms and conditions for:

  (1) The confidential submission, collection, storage, and analysis of data obtained from the child death case reviews submitted by Maryland's State and local CFR teams; and

  (2) The reporting, aggregation, and dissemination of de-identified child death review data generated by the CDR case reporting system.

#### Regulation .05 National Center for Child Death Review's Duties.

*COMAR 10.11.05.05*

The data use agreement with the NCCDR shall:

A. Assure that the State and local CFR teams have full access to and use of the CDR reporting system for the purposes of collecting, analyzing, aggregating, and reporting on child death review data;

B. Facilitate the comparison of aggregate, de-identified child death data within and among the State and local CFR teams; and

C. Require that the NCCDR acts as a fiduciary agent of the State and local CFR teams in carrying out their responsibilities under this chapter.

#### Regulation .06 Electronic Data Transmittal.

*COMAR 10.11.05.06*

Staff of the State or local CFR team shall first de-identify or remove information which would allow identification of an individual from any CFR team reports filed with, or information electronically transmitted by staff to, the NCCDR.

#### Regulation .07 Confidentiality of Data.

*COMAR 10.11.05.07*

If any personally identifying child fatality review information or record is acquired by the NCCDR or its staff, that information or record is confidential and subject to the same confidentiality and discovery protections set forth in Health-General Article, §5-709, Annotated Code of Maryland, that apply to the State and local CFR teams.

#### Regulation .08 Terms and Construction of a Data Use Agreement.

*COMAR 10.11.05.08*

Any data use agreement entered into by the State CFR Team and a NCCDR shall:

A. Incorporate by reference and be construed in accordance with the provisions of Health-General Article, Title 5, Subtitle 7, Annotated Code of Maryland, and this chapter; and

B. Be coexecuted by:

  (1) The Secretary or the Secretary's designee; and

  (2) The chairperson of the State CFR Team.