Md. Code Regs. 10.25.18.14 – Operation of the State-designated HIE as a Health Data Utility.

A. The State-designated HIE shall operate as a health data utility for the State.
B. The State-designated HIE shall implement a consent management application in accordance with Regulation .03D of this chapter.
C. Disclosures by the State-designated HIE.
1. (1) 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.
2. (2) 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.
3. (3) Maryland Medical Care Data Base.
  1. (a) The State-designated HIE shall be designated as a reporting entity to the Maryland Medical Care Data Base.
  2. (b) 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.
4. (4) The State-designated HIE shall:
  1. (a) Develop a process in which requests for data are submitted and data are shared, and post this information on its website; and
  2. (b) Provide a written explanation for a denial of a request which shall include an appeal process.
D. 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:
1. (1) A State health improvement program;
2. (2) Mitigation of a public health emergency;
3. (3) Improvement of patient safety; and
4. (4) Any other public health priorities identified by the Secretary.
E. Consumer Advisory Council.
1. (1) The State-designated HIE shall establish a Consumer Advisory Council in accordance with Health-General Article, §19-145, Annotated Code of Maryland.
2. (2) The State-designated HIE shall:
  1. (a) Appoint two consumer representatives identified by the Commission who have significant experience in public health and patient privacy as council members;
  2. (b) Post advance notice of council meetings on its website, including an expected agenda; and
  3. (c) Require the Consumer Advisory Council to comply with the requirements of the Maryland Open Meetings Act as if it were a public body.

Authority: Health-General Article, §§4-301, 4-302.2, 4-302.3, 4-302.5, 4-304, 19-103, 19-109(a)(1) and (8), 19-133, 19-143, and 19-145,
Annotated Code of Maryland

Effective date: March 17, 2014 (41:5 Md. R. 344)

Regulation .01 amended as an emergency provision effective January 9, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .01A,B amended effective June 20, 2016 (43:12 Md. R. 666)

Regulation .01B amended effective August 13, 2018 (45:16 Md. R. 775)

Regulation .01B, E amended effective April 14, 2025 (52:7 Md. R. 322)

Regulation .01F adopted effective April 14, 2025 (52:7 Md. R. 322)

Regulation .02B amended effective June 20, 2016 (43:12 Md. R. 666); June 19, 2017 (44:12 Md. R. 588); August 13, 2018 (45:16 Md. R. 775); April 14, 2025 (52:7 Md. R. 322)

Regulation .02B amended as an emergency provision effective January 9, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .03 amended effective June 20, 2016 (43:12 Md. R. 666); June 19, 2017 (44:12 Md. R. 588); April 14, 2025 (52:7 Md. R. 322)

Regulation .03B, G amended as an emergency provision effective January 9, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 775)

Regulation .04 amended effective August 13, 2018 (45:16 Md. R. 775); April 14, 2025 (52:7 Md. R. 322)

Regulation .04 amended as an emergency provision effective January 9, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .05 amended effective June 20, 2016 (43:12 Md. R. 666)

Regulation .06 amended as an emergency provision effective January 9, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .06A, F amended effective June 20, 2016 (43:12 Md. R. 666)

Regulation .07 amended effective June 20, 2016 (43:12 Md. R. 666)

Regulation .07C amended as an emergency provision effective January 9, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .08 amended effective June 19, 2017 (44:12 Md. R. 588)

Regulation .08C amended effective June 20, 2016 (43:12 Md. R. 666); April 14, 2025 (52:7 Md. R. 322)

Regulation .09 amended effective June 20, 2016 (43:12 Md. R. 666)

Regulation .09 amended as an emergency provision effective January 9, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .09G adopted effective June 19, 2017 (44:12 Md. R. 588)

Regulation .10 adopted effective June 20, 2016 (43:12 Md. R. 666)

Regulation .10 amended as an emergency provision effective January 9, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .10A, B amended effective August 13, 2018 (45:16 Md. R. 775)

Regulation .10B amended effective April 14, 2025 (52:7 Md. R. 322)

Regulation .11 adopted effective June 20, 2016 (43:12 Md. R. 666)

Regulation .11B amended effective August 13, 2018 (45:16 Md. R. 775)

Regulation .11B amended as an emergency provision effective January 9, 2024 (51:3 Md. R. 152); amended permanently effective May 13, 2024 (51:9 Md. R. 440)

Regulation .12 adopted effective June 19, 2017 (44:12 Md. R. 588)

Regulation .12A amended effective August 13, 2018 (45:16 Md. R. 775)

Regulation .13 adopted effective April 14, 2025 (52:7 Md. R. 322)

Regulation .14 adopted effective April 14, 2025 (52:7 Md. R. 322)