<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".14" citation="COMAR 10.25.18.14" title_num="10" subtitle_num="25" chapter_num="18" heading="Operation of the State-designated HIE as a Health Data Utility.">
  <paragraph num="A.">
    <text>The State-designated HIE shall operate as a health data utility for the State.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The State-designated HIE shall implement a consent management application in accordance with Regulation .03D of this chapter.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Disclosures by the State-designated HIE.</text>
    <paragraph num="(1)">
      <text>Except as otherwise prohibited under this chapter or State or federal law, the State-designated HIE shall transmit clinical information or electronic health care transactions to the Maryland Department of Health, the Commission, or the Health Services Cost Review Commission for public health purposes upon written request.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The State-designated HIE may not redisclose financial information in electronic health care transactions it receives in accordance with COMAR 10.25.07.09 to any person other than the Commission.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Maryland Medical Care Data Base.</text>
      <paragraph num="(a)">
        <text>The State-designated HIE shall be designated as a reporting entity to the Maryland Medical Care Data Base.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The State-designated HIE shall report the electronic health care transactions information it receives pursuant to COMAR 10.25.07.09 to the Medicare Care Data Base in accordance with the reporting requirements found in COMAR 10.25.06.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The State-designated HIE shall:</text>
      <paragraph num="(a)">
        <text>Develop a process in which requests for data are submitted and data are shared, and post this information on its website; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide a written explanation for a denial of a request which shall include an appeal process.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The State-designated HIE shall consult with the Maryland Department of Health, the Commission, and Health Services Cost Review Commission before identifying any specific purposes, type of data exchanged, and rules for interaction between users and the State-designated HIE pertaining to:</text>
    <paragraph num="(1)">
      <text>A State health improvement program;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Mitigation of a public health emergency;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Improvement of patient safety; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Any other public health priorities identified by the Secretary.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Consumer Advisory Council.</text>
    <paragraph num="(1)">
      <text>The State-designated HIE shall establish a Consumer Advisory Council in accordance with Health-General Article, §19-145, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The State-designated HIE shall:</text>
      <paragraph num="(a)">
        <text>Appoint two consumer representatives identified by the Commission who have significant experience in public health and patient privacy as council members;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Post advance notice of council meetings on its website, including an expected agenda; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Require the Consumer Advisory Council to comply with the requirements of the Maryland Open Meetings Act as if it were a public body.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>