Issue Date: May 31, 2013
Volume 40 • Issue 11 • Page 989
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 22 DEVELOPMENTAL DISABILITIES
10.22.02 Administrative Requirements for Licensees
Authority: Health-General Article, §§7-904 and 7-909, Annotated Code of Maryland
Notice of Proposed Action
The Secretary of Health and Mental Hygiene proposes to amend Regulation .13 under COMAR 10.22.02 Administrative Requirements for Licensees.
Statement of Purpose
The purpose of this action is to:
(1) Update regulations to allow and encourage the use of electronic records; and
(2) Increase the number of years that licensees are required to maintain an individual’s records from 5 to 6 years to be consistent with medical assistance requirements.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore, Maryland 21201, or call 410-767-6499 (TTY 800-735-2258), or email to firstname.lastname@example.org, or fax to 410-767-6483. Comments will be accepted through July 1, 2013. A public hearing has not been scheduled.
A.—C. (text unchanged)
D. The licensee shall:
(1) Maintain an individual’s records for a minimum of  6 years, regardless of whether the individual is no longer being served or dies;
(2)—(3) (text unchanged)
E. Electronic Records.
(1) The licensee is encouraged to use electronic records whenever possible.
(2) Electronic records shall:
(a) Meet requirements in this chapter;
(b) Comply with the HIPAA privacy and security rules pertaining to personal health information (PHI); and
(c) Be properly backed up and stored at an off-site location.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene