Access to Medical Records and Other Information

(A) The Department or local boards of health are authorized to obtain, upon request, from health care providers and other persons subject to the provisions of 105 CMR 300.000, access to medical records, including electronic health records, and other information that the Department or the local board of health deems necessary to carry out its responsibilities to investigate, monitor, prevent and control diseases dangerous to the public health. (B) School nurses are authorized to obtain from health care providers the immunization records or other immunization related information required for school admission, without the authorization of the child's parent(s) or legal guardian(s), as necessary to carry out the immuniza- tion requirements of M.G.L. c. 76, § 15. Prior to requesting such records from the provider, school nurses shall make a good faith effort to obtain the information from the child's parent(s) or legal guardian(s) and shall notify them that the information will be obtained from the health care provider pursuant to 105 CMR 300.191 if it is not provided in a timely manner by the parent(s) or guardian(s). For purposes of the Health Insurance Portability and Accountability Act (HIPAA), school nurses are hereby designated as public health authorities and granted authority to obtain immunization information from health care providers in accordance with 105 CMR 300.000 in order to monitor and ensure compliance with the immunization requirements of M.G.L. c. 76, § 15. (C) When, in the determination of the commissioner, it is necessary for the investigation, monitoring, control and prevention of diseases dangerous to the public health, the Department may require health care providers and other persons subject to the provisions of 105 CMR 300.000 report specified information from medical records, including electronic health records, to the Department.