STATE OF MARYLAND



STATE OF MARYLAND

DHMH

Maryland Department of Health and Mental Hygiene

Martin O’Malley, Governor – Anthony G. Brown, Lt. Governor – Joshua M. Sharfstein M.D., Secretary

Prevention and Health Promotion Administration

Michelle Spencer, MS, Director

Donna Gugel, MHS, Deputy Director

Ilise D. Marrazzo, RN, BSN, MPH, Acting Director, Maternal and Child Health Bureau

Deborah B. McGruder, MPH, PMP, Director, Infectious Disease Bureau

Clifford S. Mitchell, MS, MD, MPH, Director, Environmental Health Bureau

Donald Shell, MD, MA, Director, Cancer and Chronic Disease Bureau

HEALTH OFFICER MEMORANDUM

DATE: April 8, 2013 CCPC HOM # 13-12

TO: Health Officers

CRF and Colorectal Cancer Coordinators

FROM: Kimberly Stern, Program Manager, Maryland Cancer Registry

THROUGH: Diane Dwyer, Medical Director, Center for Cancer Prevention and Control

RE: Contacts and Confidentiality Agreements for Release of Local Cancer Datasets

The Maryland Cancer Registry (MCR) is preparing to send new line listed, confidential, cancer data sets of benign brain/CNS, in situ, and invasive cancer cases in your jurisdiction to each local health department who wants to receive the data (Attachment 1, Code of Maryland Regulations 10.14.01). In preparation, we have attached a form for your completion (Attachment 2) that will give the MCR:

-- The name and contact information of the chief contact for this data release

-- The list of the person (or people) at your health department who will have access to confidential data (you must have at least one person named if you wish to receive the data); and

-- The name(s) of the person(s) you designate to download the data from our site.

We will require Confidentiality Agreements from everyone who is on your list. In addition, the registry is reviewing our MCR Data Agreements with each local health department. We will be contacting those Health Officers who need to execute a new Data Agreement with the MCR for release of the data.

201 W. Preston Street, Baltimore, Maryland 21201 500 N. Calvert Street, 5th Fl, Baltimore, Maryland 21202

410-767-6742 Fax 410-333-5995 410-767-5227 • Fax 410-333-6333 • TDD for Disabled 410-333-4800

Toll Free 1-877-4MD-DHMH TTY for Disabled Toll Free 1-800-358-9001 • TTY for Disabled

Maryland Relay Service 1-800-735-2258 Maryland Relay Service 1-800-735-2258

Web Site:

Please return your completed form to Jennifer Hayes, Senior Epidemiologist, Maryland Cancer Registry: jennifer.hayes@ by April 22, 2013. You may contact Jennifer Hayes at 410-767-5459 if you have questions.

Thank you.

Attachment

cc: Donna Gugel

Sarah Hokenmaier

Courtney Lewis

Donald Shell

Michele Spencer

The information contained in this transmission is private. It may also be legally privileged and/or confidential information of the sender or a third party, authorized only for the use of the intended recipient. If you are not the intended recipient, any use, disclosure, distribution, or copying of this transmission is strictly prohibited. If you have received this message in error, please return the original message and notify the sender immediately.

Attachment 1. Code of Maryland Regulations (emphasis added)



10.14.01.07 Confidentiality of Cancer Reports.

A. Information obtained under this chapter is not a medical record under Health-General Article, §4-301, Annotated Code of Maryland, but is subject to the confidentiality requirements of Health-General Article, §§4-101—4-103, Annotated Code of Maryland.

B. The Secretary may release confidential data to:

(1) An institution or individual researcher for medical, epidemiological, health care, or other cancer-related or CNS tumor-related research approved by the Secretary and the Department's Institutional Review Board(IRB) in order to further the cancer control goals of the State set forth in Regulation .04 of this chapter;

(2) A reporting facility which:

(a) Routinely submits information on cases of reportable human cancer or reportable human CNS

tumors to the cancer registry;

(b) Has been formally accepted as a participant in the cancer registry system; and

(c) Requests data relating to patients reported by the facility;

(3) An out-of-State cancer registry or cancer control agency which requests routine data if the:

(a) Patient is a resident of the other state; and

(b) Other state has authority to provide equivalent information on Maryland residents to this State;

(4) Each county health officer and the Baltimore City Commissioner of Health; and

(5) Another governmental agency performing its lawful duties pursuant to State or federal law.

C. The Secretary may release confidential information, subject to:

(1) A determination by the Secretary that a recipient of the information disclosed will maintain the confidentiality of the disclosed information; and

(2) An agreement signed by the Secretary and by the recipient of the confidential information that the recipient of the information will maintain the confidentiality of the disclosed information.

D. The Secretary shall release confidential data to a requestor in response to a written request only, in accordance with Health-General Article, §§4-101 and 4-102, Annotated Code of Maryland.

E. A reporting facility that in good faith submits a cancer report to the Secretary is not liable in any cause of action arising from the submission of the cancer report to the Secretary.

F. The use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any person who is the subject of the confidential record is not subject to the provisions of Health-General Article, §§4-102, Annotated Code of Maryland. 10.14.01.08e

Data Form for receipt of

Maryland Cancer Registry data for your jurisdiction

Please provide the name and contact information of your chief contact person for the release of the confidential data.

Please provide the full name(s) of any staff members to whom you will give access to the confidential cancer line listed data from the Maryland Cancer Registry (you must list at least one person if you wish to receive the data).

Please designate up to two people to be Designated Data Downloaders (DDDs) by checking the box beside their name(s). The DDD(s) will be given access and passwords and will be able to download the data.

Jurisdiction: _____________________________________________________

Please provide the name and contact information for your jurisdiction’s chief Contact Person:

|Name of Contact Person |Email |Telephone Number |Fax Number |

| | | | |

Please provide the Name(s) of the person(s) who will have access to the confidential cancer data, and Check the person(s) you designate to be your jurisdiction’s Designated Data Downloader:

|Name (Please print or type) |Check up to two names |MCR USE ONLY |

| |who will be the | |

| |Designated Data Downloader(s) | |

| |Confidentiality statement |Received |Access |Complete | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |Please send or scan your Form to the e-mail address of Jennifer Hayes, Senior Epidemiologist, Maryland Cancer Registry by April 22, 2013: jennifer.hayes@

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Attachment 2--CCPC HO Memo 13-12

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