1. A. The types of data specified in §C of this regulation may be released to an applicant whose application has been approved in accordance with the requirements of this chapter.
2. B. The availability of the types of data specified in §C of this regulation requesting Medicaid data are subject to a determination of availability by Medicaid.

3. C. Data may be provided pursuant to an approved application at the following levels of detail:

   1. (1) De-identified standard analytic file: A data extract that contains only data elements that are not considered PHI because the extract excludes direct and indirect individual identifiers as defined in the HIPAA Privacy Rule.
   2. (2) Limited data set: A data extract that contains a limited set of indirect individual identifiers as defined in the HIPAA Privacy Rule and excludes direct individual identifiers.

   3. (3) Custom data file: A data extract that is created based on criteria provided by an applicant and deemed the minimum amount necessary for an applicant’s proposed use of the data and consists of:

      1. (a) Indirect individual identifiers that can be used to identify individuals when combined with other information or data; or
      2. (b) Aggregate, summary data in which the risk of identifying individuals is minimal.

Authority: Health-General Article, §§19-103(c)(3), 19-109(a)(1) and (7) and (b)(5), and 19-133(d), and 19-134, Annotated Code of Maryland

Effective date: June 19, 1995 (22:12 Md. R. 900)

Regulation .01 amended effective October 15, 2001 (28:20 Md. R. 1783)

Regulation .02 amended effective October 15, 2001 (28:20 Md. R. 1783); October 22, 2007 (34:21 Md. R. 1915)

Regulation .04 amended effective December 23, 2002 (29:25 Md. R. 1983)

Regulation .06 amended effective March 10, 1997 (24:5 Md. R. 412)

Regulation .06 repealed and new Regulation .06 adopted effective October 15, 2001 (28:20 Md. R. 1783)

Regulation .06 repealed effective October 22, 2007 (34:21 Md. R. 1915)

Regulations .01—.05 under Small Group Market Data Collection repealed and new Regulations .01—.14 under Data Release adopted effective December 13, 2021 (48:25 Md. R. 1079)