Current through 2024-52, December 25, 2024
Section 144-276-VI - ConfidentialityA. Information obtained by the Department under this section is confidential and may not be disclosed by the Department except that the Department may provide information obtained under this section to a licensed health care provider or facility located in the State in order to facilitate access to influenza immunizing agents for patients of that licensed health care provider or facility that are residents of the State.B. Any licensed healthcare provider or facility which receives any influenza immunizing agent distribution information pursuant to 22 M.R.S.A. §1065 or these rules shall restrict its use of such information to facilitating access to influenza immunizing agents for those patients of that licensed healthcare provider or facility that are residents of the State.C. Subject to the provisions of Title 1 M.R.S.A. §§401 - 521, information submitted to the Department pursuant to 22 M.R.S.A. §1065 or these rules may be designated as confidential. The designation must be clearly indicated on the reporting form. The Commissioner shall establish procedures to insure that information so designated is segregated from public records of the Department. Upon receipt of a public access request for any of the information designated by the submitter as confidential, the Commissioner shall notify the data submitter within 10 days of the request. The Department may accommodate the public access request unless the data submitter notifies the Department within 10 days of being notified of its objection to the release of the data and institutes appropriate measures to safeguard the data from public release. The burden shall be upon the data submitter to demonstrate that any data claimed as confidential is not a public record and not subject to disclosure pursuant to 1 M.R.S.A. §§401 - 52110- 144 C.M.R. ch. 276, § VI