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<regulation prefix="Regulation" num=".08" citation="COMAR 10.25.05.08" title_num="10" subtitle_num="25" chapter_num="05" heading="Data Release Advisory Committee.">
  <paragraph num="A.">
    <text>The Commission shall establish a Data Release Advisory Committee (DRAC) that meets the membership composition requirements and performs the review functions of a privacy board as described in 45 CFR §164.512.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Commission shall appoint the members of the DRAC and a chairperson from among the appointed members.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The number of members appointed to the DRAC shall be at the discretion of the Commission but large enough to:</text>
    <paragraph num="(1)">
      <text>Represent the appropriate range of stakeholder groups described in §D of this regulation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Provide relevant experience, professional competency, and subject matter expertise in the areas of consumer privacy and advocacy, data analytics, data privacy, data security, health policy research, individual privacy issues, information technology, public health, and the use and analysis of health care claims data.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The membership of the DRAC shall include, but not be limited to:</text>
    <paragraph num="(1)">
      <text>Representatives of various stakeholder groups, including academic research organizations, consumer advocacy organizations, employers, health care providers, health maintenance organizations, insurers, and nonprofit health service plans, that possess the relevant experience, professional competency, and subject matter expertise described in §C(2) of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>At least one representative from Medicaid;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>At least one Commission staff member who shall serve as an ex-officio member; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Any additional representatives that the Commission determines are needed.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Members of the DRAC shall serve for a term not to exceed 3 years. At the end of a term, a member continues to serve until a successor is appointed. A member of the DRAC may be reappointed.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The DRAC shall meet as necessary to:</text>
    <paragraph num="(1)">
      <text>Review completed applications requesting data;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Prepare reports and recommendations, with the administrative support of Commission staff, and submit them to the Executive Director;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If requested by Commission staff or the Executive Director, provide advice, consultation, and expertise on issues and questions that may arise:</text>
      <paragraph num="(a)">
        <text>During Commission staff’s review of applications under Regulations .05 and .06 of this chapter;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>During the Executive Director’s review of applications under Regulation .10 of this chapter; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>After an application has been approved and requested data has been released to a data recipient, regarding compliance and enforcement of a data use agreement under Regulations .13 and .14 of this chapter; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Perform any other duties and obligations required of the DRAC under this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Commission staff shall provide the necessary administrative support required for the DRAC to perform its duties and obligations under this chapter, such as facilitating the scheduling and conducting of DRAC meetings, providing DRAC meeting agendas and supporting reference materials, conducting research and obtaining additional information as requested by the DRAC, and assisting in the preparation of written reports and recommendations.</text>
  </paragraph>
  <paragraph num="H.">
    <text>The Executive Director may remove a member of the DRAC for neglect of duty or misconduct by providing written notification to the DRAC member, stating the reason for the removal.</text>
  </paragraph>
  <paragraph num="I.">
    <text>A member of the DRAC who receives written notification of removal under §H of this regulation may submit a written request for full Commission review of the Executive Director’s removal decision within 20 business days of the date of the Executive Director’s written notification of removal. The written request for full Commission review shall state with particularity the grounds and factual basis for the DRAC member’s disagreement with the Executive Director’s decision to remove the DRAC member.</text>
  </paragraph>
</regulation>