101 C.M.R. 27.11 – Confidentiality

(1) Access to Confidential Information. Notwithstanding M.G.L. chapters 66A, 112, and 119 or any other law related to the confidentiality of personal data, the IRT members assigned to a particular case, the secretary of EOHHS, the commissioner of DESE, and DALA will have access to and may discuss materials related to an individual’s complex case with one another and with other individuals directly addressing matters related to the individual’s case while the case is under review after
1. (a) the legal custodian, or, if authorized by law, the individual has consented in writing; and
2. (b) those with access agree in writing to keep the materials confidential.
(2) Disposition of Confidential Information. Once an IRT review is complete and the timeline for all potential legal and administrative appeals has been exhausted, all materials are returned to the originating source, or, with consent of the originating source, all materials are destroyed to the extent authorized by state law.
(3) The IRT’s records and documents included as part of the IRT process are confidential and are not public records under M.G.L. c. 66.
11
Final Adoption
Date Published in Mass Register: March 1, 2024
101 CMR 27.00: INTERAGENCY REVIEW OF COMPLEX CASES
(4) Redaction of Personal Information. Any written report produced by a IRT and any written decision produced by DALA is redacted in accordance with the confidentiality requirements applicable to the source material, including without limit M.G.L. c. 66A (FIPA), M.G.L. c. 93H, Health Information Portability and Accountability Act (“HIPAA”), Pub. L. 104-191, 110 Stat. 1936 (1996), and 45 CFR 164.514(B)(2)(i), and the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 CFR Part 99.