| Step 1 |
Governmental Entity submits a written data request using the
Application Form
|
The application should:
- be signed by the agency head or chief executive officer of the government entity; and
- include a signed statement by the governmental entity's legal counsel in accordance with COMAR 10.25.05.05
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| Step 2 |
| MHCC Reviews Application for Completeness |
- MHCC staff may request additional information, documentation, answers to questions, and clarifications
- If MHCC staff determines that the application is complete:
- An application requesting Medicare or Medicaid data will move to step 3
- An application that is not requesting Medicare or Medicaid data will move to Step 4
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| Step 3 |
| Medicaid and/or Medicare Data Request Review |
| If requesting Medicare data: The request is reviewed in accordance with the State Agency DUA and CMS State Data Request Memo |
If requesting Medicaid data: The request will be sent to Medicaid for review, where Medicaid will make one of the following determinations:
- Proceed with its own independent review process
- Defer to MHCC (automatic default if Medicaid does not respond within 15 days), and proceed with the application to Step 4
- Disapprove Medicaid data request
Refer to: COMAR 10.25.05.04 |
| Step 4 |
| Public Comment Period
|
The application is posted to the website for 10 business days, excluding those sections that specify the applicant’s proposed data management plan and security measures. MHCC staff compiles and sends all public comments to the Data Release Advisory Committee.
*Requests for data from governmental entities pursuant to an express state or federal statutory or regulatory mandate are not subject to the Public Comment Period
Refer to: COMAR 10.25.05.07 |
| Step 5 |
| Executive Director Review
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- In accordance with COMAR 10.25.05.05E, the Executive Director reviews the request for data to determine whether the proposed request for data:
- Falls within the public interest uses described in COMAR 10.25.01B;
- Meets the applicable criteria for approval in COMAR 10.25.09C; or
- Should be disapproved for any reasons in COMAR 10.25.09D
- The Executive Director, in accordance with COMAR 10.25.05.05D, may:
- Make a final decision on whether to approve, approve with conditions, or disapprove the data request
- o Refer the data request to the DRAC for review and a written recommendation in accordance with COMAR.10.25.05.09
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| Step 6 |
| Data Release Advisory Committee (DRAC) Review (if applicable)
|
- In accordance with COMAR 10.25.05.05E, the DRAC reviews the request for data to determine whether the proposed request for data
- DRAC returns their recommendation to the Executive Director
- Upon receipt of a written report and recommendation from the DRAC, the Executive Director may;
- Make a final decision in accordance with COMAR 10.25.05.10A-C; or
- Refer the DRAC’s report and recommendation to a panel of three Commission members or the full Commission in accordance with COMAR 10.25.05.10D-E for a decision on the data request.
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| Step 7 |
| Panel of 3 or full Commission Review (if applicable)
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- In accordance with COMAR 10.25.05.05E, the panel of or full Commission reviews the request for data to determine whether the proposed request for data:
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| Step 8 |
MHCC sends Governmental Entity Data Use Agreement (DUA)
Refer to: COMAR 10.25.05.13 |
After notifying the applicant of the final decision, if the application is approved or approved with conditions, MHCC submits a DUA and an invoice to the applicant.
Refer to: COMAR 10.25.05.13 |
| Step 9 |
| Governmental Entity signs DUA
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| If the approved Applicant does not sign the Data Use Agreement within 30 days of the date of written notification of application approval, the application shall be deemed withdrawn and will receive no further consideration. Refer to: COMAR 10.25.05.13A |
| Step 10 |
| MHCC sends requested data to the approved Governmental Entity
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