The latest Mass HIway Regulations 101 CMR 20.00: Health Information Exchange, effective as of Friday, February 10, 2017, clarify that specific patient consent is not required for transmitting patient information using Direct Messaging over the Mass HIway.
“Mass HIway users may transmit information via HIway Direct Messaging in compliance with applicable federal and state privacy laws (e.g., HIPAA, 42 CFR Part 2, M.G.L Chapter 93H) and implementing regulations. Such requirements would align use of HIway Direct Messaging with other modes of transmission, such as sending a fax or making a phone call. Mass HIway users may implement a local opt-in and/or opt-out process that applies to the use of HIway Direct Messaging by their organization, but are not required to do so.”
For more details regarding the consent policy changes, refer to the final Mass HIway regulations, section 20.07: Opt-in Opt-out Mechanism.
If you have questions, contact the Mass HIway at 1-855-MA-HIWAY or MassHIway@state.ma.us.