Amendment #10 to H.3452
Relative to Data Release Provisions
Mr. Nangle of Lowell move that the bill be amended by adding at the end thereof the following new section:
SECTION XX. Section 12 of Chapter 12C is amendment by striking subsection (b) in its entirety and inserting in place thereof the following:
(b) The center shall permit providers, provider organizations, public and private health care payers, government agencies and authorities and researchers access to de-identified data collected by the center for the purposes of lowering total medical expenses, coordinating care, benchmarking, quality analysis and other research, administrative or planning purposes, provided, however, that the data shall not include information that would allow the identification of the health information of an individual patient, except to the extent necessary for a government agency or authority to accomplish the public purposes for which access was given. The center shall also permit providers, provider organizations, and public and private health care payers access to data with patient identifiers solely for the purpose of carrying out treatment and coordinating care among providers. In providing any access to data under this section, the center, through its rules and regulations under Section 5, may do so under conditions that: (i) protect patient privacy; (ii) prevent collusion or anti-competitive conduct; and (iii) prevent the release of data that could reasonably be expected to increase the cost of health care. The center may limit access to data based on its proposed use, the credentials of the requesting party, the type of data requested or other criteria required to make a determination regarding the appropriate release of the data. The center may also limit the requesting party’s use and release of any data to which that party has been given access by the center. Access to data authorized under this section shall be deemed to comply with the requirements of chapter 66A. The center shall charge user fees sufficient to defray the center’s cost of providing such access to non-governmental entities.