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Can I collect health information from participants in Maryland? What are the requirements?

Requirements for Collecting Health Information in Maryland

If you want to collect health information from participants in Maryland, you must comply with the following requirements:

  1. Electronic health care transactions must be approved by a nationally recognized health care standards development organization to support health care informatics, information exchange, systems integration, and other health care applications [1.1].
  2. An entity collecting health information must be certified by the Maryland Health Care Commission [1.1].
  3. An entity collecting health information must connect to the State-designated health information exchange in a manner consistent with applicable federal and State privacy laws [1.1][1.2].
  4. When a standard request for clinical information is received through the State-designated health information exchange, an entity to which this section applies shall respond to the request to the extent authorized under federal and State privacy laws [1.1].
  5. A consent from a patient to release clinical information to a provider obtained by an entity to which this section applies shall apply to information transmitted through the State-designated health information exchange or by other means [1.1].
  6. The Maryland Health Care Commission shall adopt regulations for implementing the connectivity to the State-designated health information exchange required under this section [1.1].
  7. The Commission shall determine that a person does not qualify as a community health resource under this regulation if the person does not submit the documentation required by the Commission [2.2].
  8. Data submitted in accordance with this chapter are not public information pursuant to Health-General Article, §19-207(d), Annotated Code of Maryland [3.1].

Additional Information

The Maryland Health Care Commission shall adopt regulations for the privacy and security of protected health information obtained or released through a health information exchange [1.2]. The regulations adopted under subsection (a) of this section shall govern the access, use, maintenance, disclosure, and redisclosure of protected health information as required by State or federal law, including the federal Health Insurance Portability and Accountability Act, the federal Health Information Technology for Economic and Clinical Health Act, the federal 21st Century Cures Act, and Title 21, Subtitle 2A of this article [1.2].

To qualify as a community health resource pursuant to Health-General Article, §19-2101(c)(1), Annotated Code of Maryland, a person shall demonstrate that the person is a nonprofit or for-profit health care center or program, provides primary health care services, and provides medical care to address a patient’s general health needs [2.1].

To qualify as a community health resource designated pursuant to Health-General Article, §19-2101(c)(2), Annotated Code of Maryland, a person shall establish that the person meets the definition of a provider category listed in the regulation [2.3].

If a health emergency exists, the Secretary may assign temporarily a health officer to another county or Baltimore City [1.3]. There is a Maryland Commission on Health Equity [1.5].

Therefore, to collect health information from participants in Maryland, you must ensure that you comply with the above requirements and any additional regulations that may apply.

Source(s):
Jurisdiction

Maryland