Records

(1) Applicable Law. (a) All Holders are subject to the provisions of M.G.L. c. 66A, 801 CMR 3.00: Home Care Program, 101 CMR 16.00: Personal Data Use and Permitted Disclosures by and among the Executive Office of Health and Human Services and its Agencies, and any other applicable state or federal laws or regulations pertaining to privacy protections, security, use, disclosure or maintenance of HCW Data, Personal Data, or Commonwealth Security Information. (b) Except as otherwise provided in 651 CMR 16.00, all records containing HCW Data, which are created, collected, used, maintained, disseminated or received pursuant to 651 CMR 16.00 shall not be Public Records and shall be governed by the provisions of M.G.L. c. 66A and 801 CMR 3.00: Home Care Program. (2) Access to HCW Data by Third Parties. Except as otherwise provided in 651 CMR 16.00, a Holder shall not release HCW Data to any other entity or individual after receipt, unless such access is authorized by statute, regulations, court order, or is authorized by the HCW Data subject. Aggregated and de-identified HCW Data may be shared with third parties for the purpose of statistical analysis with the prior consent of EOEA. (3) Exemptions. All records, documents, or materials related to the exemption status of an HCW shall be collected and maintained by the HCW Agency in a secure environment and may not be released or shared except as provided in 651 CMR 16.00. (4) Security. Holders must maintain all HCW Data in a secure environment in accordance with the provisions of applicable state and federal law and regulations including, but not limited to, M.G.L. c. 66A, 801 CMR 3.00: Home Care Program, and 101 CMR 16.00: Personal Data Use and Permitted Disclosures by and among the Executive Office of Health and Human Services and its Agencies. (5) Access to Provider Records. HCW Agencies shall provide EOEA, or the ASAP with which the HCW Agency is under contract with, access to all relevant records necessary to ascertain HCW Agencies' compliance with 651 CMR 16.00.