§ 22 §8707-1 — Public access to data (WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2013, c. 528, §12)

The board shall adopt rules to provide for public access to data and to implement the requirements of this section.
1.
Public access; confidentiality.
The board shall adopt rules making available to any person, upon request, information, except privileged medical information and confidential information, provided to the organization under this chapter as long as individual patients are not directly or indirectly identified through a reidentification process. The board shall adopt rules to protect the identity of certain health care practitioners, as it determines appropriate, except that the identity of practitioners performing abortions as defined in section 1596 must be designated as confidential and must be protected. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A.
2.
Notice and comment period.
The rules must establish criteria for determining whether information is confidential clinical data, confidential financial data or privileged medical information and adopt procedures to give affected health care providers and payors notice and opportunity to comment in response to requests for information that may be considered confidential or privileged.
3.
Public health studies.
The rules may allow exceptions to the confidentiality requirements only to the extent authorized in this subsection.
4.
Certain confidential information.
The board may determine financial data submitted to the organization under section 8709 to be confidential information if the public disclosure of the data will directly result in the provider of the data being placed in a competitive economic disadvantage. This section may not be construed to relieve the provider of the data of the requirement to disclose such information to the organization in accordance with this chapter and rules adopted by the board.
5.
Rules for release, publication and use of data.
The rules must govern the release, publication and use of analyses, reports or compilations derived from the health data made available by the organization.

Legislative History

PL 1995, c. 653, §A2 (NEW). PL 1995, c. 653, §A7 (AFF). PL 1999, c. 353, §§12,13 (AMD). PL 2001, c. 457, §§14,15 (AMD). PL 2003, c. 469, §C27 (AMD). PL 2007, c. 466, Pt. A, §44 (AMD). PL 2011, c. 524, §4 (AMD). PL 2013, c. 528, §8 (RP). PL 2013, c. 528, §12 (AFF).