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09.12.22.00.htm 09.12.22.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 22 Personally Identifiable Employee Medical Information Authority: Labor and Employment Article, §2-106(b)4) and 5-312, Annotated Code of Maryland; 29 CFR §1913.10(d) and 29 U.S.C. §668
09.12.22.01.htm 09.12.22.01. 01 Purpose.. The purpose of this chapter is to protect the substantial privacy interests involved in employee medical records by ensuring that:A. The Commissioner or the Commissioner's authorized representative will exercise authority to gain access to personally identifiable employee medical information only:1) After a careful determination of the need for this information, and. 2) With appropriate safeguards to protect individual privacy;. B. Once the medical infor
09.12.22.02.htm 09.12.22.02. 02 Scope and Application.. A. Except as provided in §B of this regulation, this chapter applies to a request by MOSH inspection personnel to access records for the purpose of examining or copying personally identifiable employee medical information, whether or not the request is made under the access provisions of 29 CFR §1910.1020(e)3)B. This regulation does not apply when:. 1) MOSH inspection personnel:. a) Conduct an examination of employee medical records solely to verify empl
09.12.22.03.htm 09.12.22.03. 03 Definition.. A. The definitions set forth in COMAR 09.12.20 apply to this chapter.. B. For the purpose of this chapter, "personally identifiable employee medical information". 1) Means employee medical information accompanied by either:. a) Direct identifiers, including:. i) Name,. ii) Address,. iii) Social Security number,. iv) Payroll number; or. b) Information which could reasonably be used indirectly to identify specific employees, including:. i) Exact age,. v) Sex,.
09.12.22.04.htm 09.12.22.04. 04 Responsible Individuals.. A. The Commissioner or the Commissioner's authorized representative is responsible for the overall administration and implementation of the procedures contained in this chapter, including making a final determination concerning:1) Access to personally identifiable employee medical information; and. 2) Interagency transfer or public disclosure of personally identifiable employee medical information.B. Medical Records Officer.. 1) The Commissioner or th
09.12.22.05.htm 09.12.22.05. 05 Written Access Orders.. A. Requirements.. 1) Except as provided in §D of this regulation, a request by a MOSH representative to examine or copy personally identifiable employee medical information contained in a record held by an employer or other record holder shall be made in accordance with a written access order approved by the Commissioner or the Commissioner's authorized representative upon the recommendation of the medical records officer.2) At the Commissioner's
09.12.22.06.htm 09.12.22.06. 06 MOSH Use of Personally Identifiable Employee Medical Information.. A. Whenever practicable, the examination of personally identifiable employee medical information shall be performed onsite with a minimum of medical information taken offsite in a personally identifiable form.B. The principal investigator, in each instance of access, is primarily responsible for ensuring that personally identifiable employee medical information is used and kept secured in accordance with t
09.12.22.07.htm 09.12.22.07. 07 Security Procedures.. A. MOSH Files.. 1) MOSH files containing personally identifiable employee medical information shall be segregated from other MOSH files.2) When not in active use, files containing personally identifiable employee medical information shall be kept secured in a locked cabinet or vault.B. Except for necessary use by staff under their direct personal supervision, both the medical records officer and the principal investigator shall maintain a log of:
09.12.22.08.htm 09.12.22.08. 08 Retention and Destruction of Records.. A. Consistent with Maryland records retention programs, personally identifiable employee medical information and lists of coded direct personal identifiers shall be destroyed or returned to the original record holder when they are no longer needed for the purposes for which they were obtained.B. The medical records officer shall:. 1) Maintain custody of personally identifiable employee medical information which is currently not b
09.12.22.09.htm 09.12.22.09. 09 Results of Analysis Using Personally Identifiable Employee Medical Information.. If appropriate, the medical records officer shall communicate the results of a MOSH analysis using personally identifiable employee medical information to employees whose personal medical information was used as part of the analysis.
09.12.22.10.htm 09.12.22.10. 10 Annual Report.. A. On an annual basis, the medical records officer shall review MOSH experience under this chapter during the previous year, and prepare a report to the Commissioner, which shall be made available to the public.B. The report shall discuss:. 1) The number of written access orders approved and a summary of the purposes for access;. 2) The nature and disposition of employee, collective bargaining agent, and employer written objections concerning access to
09.12.22.11.htm 09.12.22.11. 11 Inter-Agency Transfer and Public Disclosure.. A. Except when required by law or when approved by the Commissioner, personally identifiable employee medical information may not be:1) Transferred to an agency or office other than MOSH, except to an assistant attorney general assigned to MOSH; or2) Disclosed to the public, other than to the affected employee or the original record holder.. B. Except as provided in §C of this regulation, without the consent of the
09.12.22.9999.htm 09.12.22. Administrative History Effective date: July 5, 1993 (20:13 Md. R. 1047).
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