Health Data and Quality   Data Release    Nongovernmental Applicants

Data Request Instructions for Nongovernmental Applicants

 
Step A Applicant completes and submits the Pre-Application
Step B MHCC reviews the Pre-Application

MHCC may:
  • Inform applicant to move forward with the main application
  • Ask the applicant to clarify the information shared on the pre-application
  • Inform the applicant that the project may not be approvable
Step 1 Applicant completes and submits the Application Form and nonrefundable application fee
Refer to: COMAR 10.25.05.06 and COMAR 10.25.05.12  
Step 2 MHCC reviews Application for completeness
  • MHCC staff may request additional information, documentation, answers to questions, and clarifications.
  • If the applicant fails to submit a complete application or timely respond to MHCC staff inquiries, the application will be administratively closed in accordance with COMAR 10.25.05.06.B.(7). If an application is administratively closed, the applicant will need to submit a new application to request the data.
  • If MHCC staff determines that the application is complete:
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 10.25.05.06B(2)  
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.

Refer to: COMAR 10.25.05.07  
Step 5 Data Release Advisory Committee (DRAC) Review
  • DRAC meets to review the application and public comments. DRAC may ask the applicant for additional information or documentation or request a meeting with the applicant to discuss the application.
  • DRAC determines whether an application has met the criteria for approval or disapproval in accordance with COMAR 10.25.05.09 and CFR 164.512(i)(2)(ii)
  • DRAC, with administrative support of Commission staff, prepares a written report and recommendation for the Executive Director in accordance with COMAR 10.25.05.09K
Step 6

Executive Director (ED) Review

  • ED reviews the report, the recommendation, and the public comments
  • ED, in accordance with COMAR 10.25.05.10:  
    • may refer the application back to the DRAC if the ED determines that the report does not contain sufficient information on which to base a decision
    • may refer the application to a panel of 3 Commission members, who may render a final written decision on the application or refer the application to the full commission
    • may refer an application that proposes to develop and sell a product that contains requested de-identified data to the full Commission for a decision.
    •  may issue a written decision approving the application, approving the application with conditions, or disapproving the application.
    • If the ED’s decision differs from the decision of the DRAC, the ED will prepare a proposed recommended decision and refer the matter to the full Commission. 
Step 7

MHCC sends Data Use Agreement (DUA) and Invoice to the Applicant

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 and COMAR 10.25.05.12 

Step 8

Applicant signs DUA and submits required Fees

If the approved applicant does not sign the Data Use Agreement and submit all required fees 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 and COMAR 10.25.05.12 

Step 9 MHCC sends requested data to the approved Applicant

Last Updated: 2/12/2024