Public Hearing - Disclosure of Health Care Claims Data (129 CMR 3.00)
Pursuant to the provisions of M.G.L. c. 6A, § 16K and in accordance with M.G.L. c. 30A, as amended, the Health Care Quality and Cost Council ("Council") will hold a public hearing on Tuesday, November 24, 2009 at 10:00 AM at Two Boylston Street, Boston, MA 02116 relative to:
Proposed Amendments to 129 CMR 3.00: Disclosure of Health Care Claims Data and Proposed Fees for Health Care Claims Data
129 CMR 3.00 specifies the guidelines for disclosure of the health care claims data submitted by payers under 129 CMR 2.00. The proposed amendments change the provision governing fees to be paid by applicants for the data. The current regulation provides that the Council will waive fees for researchers and non-profit applicants who propose to conduct studies that are in the public interest. The amendments require all data applicants to pay fees for Council data. The Council will continue to review requests to waive fees due to hardship. The amendments also add a provision that the Council may establish administrative procedures for review of data applications by its Data Release Review Board (DRRB) by administrative bulletin. In addition, language stating that DRRB meetings are subject to the open meeting law is deleted. Although DRRB meeting schedules will continue to posted on the Council's website, and meetings will be open to the public, this change will permit DRRB members to participate in meetings by teleconference. The amendments add a provision that applicants whose applications for data are denied by the DRRB may appeal to the full Council, and make other editorial changes to the regulation. The amendments will be effective on December 15, 2009. The FY 2010 budget permits the Council to retain revenue from its data fees, and the Council is proposing these changes to generate fee revenue to cover a portion of its operating costs. There is no fiscal impact as a result of these amendments, with the exception of the expanded fee requirement for data applicants.
The Council has received approval from the Executive Office for Administration and Finance to establish the following fees to be paid by applicants for the Council's data: $2,000 for Member Eligibility data files, $3,500 for Medical Claims data files and $1,250 for Pharmacy Claims data files (for instate researchers, hospitals and health plans) and $3,000 for Member Eligibility data files, $5,000 for Medical Claims data files and $2,750 for pharmacy claims data files (for out of state applicants). The fees reflect the total cost of systems analysis, program development, and computer production costs incurred in producing the requested Public Use Data File.
Interested parties are encouraged to submit comments on the proposed amendments and fee schedule. All persons desiring to be heard on these matters are hereby notified to appear at the designated time and place. Persons intending to speak will be afforded an early opportunity to testify if the Council receives notice by 5 PM on Monday, November 23, 2009. All others will be heard subsequently. Written comments may be sent to Katherine Barrett, Two Boylston Street, Boston MA 02116. A copy of the regulation is available free of charge at the Council's website at www.mass.gov/healthcare.
Download Public Hearing Notice (PDF) | Word
Download Proposed Regulation (PDF) | Word
This information is provided by the Health Care Quality and Cost Council.