New CMS DUA Expiration Policy Meeting Facilit ator: S haron Kavanagh, CMS Emmanuel S myrnoudis, CMS PLEAS E MUTE YOUR PHONES
Agenda Why the change in policy How it will effect users DUA(s) How users Extend/ Close DUA(s) Replacing Contacts on DUA(s)
CMS DUA Policies and Procedures CMS DUA policies and procedures may be found on our web site at: www.cms.gov/ Privacy
Policy Update Effective October 1, 2011 , t he Cent ers for Medicare & Medicaid S ervices (CMS ) policy for Dat a Use Agreement s (DUA) expirat ion dat es changed. CMS has det ermined t hat in response t o t he ever increasing cyber at t acks against comput er syst ems/ net works operat ed by t he Federal government as well as t he privat e sect or, CMS is refining and furt her rest rict ing our policy for t he ret ent ion of CMS dat a via a DUA.
CMS ’ New DUA Policy 1. All DUAs will have an expirat ion dat e, regardless of t he t ype of DUA, no except ions 2. All DUAs will have an init ial expirat ion dat e of no more t han 365 days from t he creat ion dat e 3. All DUAs must be revalidat ed annually by t he DUA Request or st at ing t hat t he dat a cont inues t o be needed for t heir Proj ect / S t udy as originally request ed 4. All DUA ext ensions will be grant ed for no more t han 365 days from t he current dat e 5. There will no longer be a maximum number of allowable ext ensions for a DUA as long as it em #3 above is validat ed annually 6. Current ly open DUAs t hat previously had an expirat ion dat e on or aft er Oct ober 2, 2012 have been assigned/ reassigned a new expirat ion dat e
How This Affects Y our DUA To meet t he requirement s in t he policy, many DUAs have been assigned new DUA expirat ion dat es. All requestors and custodians are being notified of their DUA ’s new expiration date. Request ors and cust odians will have t o manage t heir DUA expirat ion dat es and request ext ensions or closures of t heir DUAs appropriat ely Extensions should be requested no later than 60 – 90 days prior to the expiration date on the DUA Email notices will go out to requestors and custodians 90 days, 60 days, 30 days and then every day thereafter prior to the expiration date on the DUA.
Extending a CMS DUA: Extension Justification S tatement S end To Dat aUseAgreement @ cms.hhs.gov S ubj ect line: DUA ##### - Ext ension Request “ We are current ly st ill using t his dat a as originally request ed for our Proj ect / S t udy. We underst and t hat t he dat a in t his DUA may not be used in any form for any addit ional work out side t he scope of t his DUA wit hout t he expressed writ t en consent of CMS ’ Privacy S t aff. We request a one (1) year [or less if applicable] ext ension for t his DUA.” Do not include Addendum changes in ext ension request emails
E-Mail Extension Example
Closing your CMS DUA Dat a users complet e t he CMS DUA Cert ificat e of Dest ruct ion form using t he link found on t he following on our web sit e at : www.cms.gov/ Privacy In t he "CMS Dat a Files Dest royed" sect ion, t he file(s) being dest royed must be list ed exact ly as t hey are list ed for your DUA in our Dat abase. Refer t o your most recent .ht m file for your DUA t hat you received from t he CMS DUA Team or t he expirat ion not ice e-mail t hat you recent ly received for t he DUA from CMS for a complet e list ing of t he dat a files cont ained in t he DUA. Aft er complet ing t he form; print , sign, scan and send as an e- mail at t achment t o DataUseAgreement@cms.hhs.gov Place in t he subj ect line DUA ##### - Closure Request The CMS DUA Team will send you an e-mail confirming t he closure of your DUA.
CMS DUA Requestor/ Custodian Changes To replace a Request or or add a Cust odian t o a DUA, complet e t he CMS Dat a Use Agreement (DUA) Addendum on our web sit e. www.cms.gov/ Privacy After completing the form, print, sign, scan and send as an e-mail attachment to DataUseAgreement@ cms.hhs.gov To remove a Cust odian from a DUA, send an e-mail t o DataUseAgreement@ cms.hhs.gov and st at e explicit ly which individual(s) should be removed from which DUA.
Timeframe for DUA Team to complete your request Note: Following the release of new data sets (e.g. Limited Data S et [LDS ] files or Disproportionate S hare [DS H] data), additional time may be required due to the increased volume of requests. Current DUA Extensions & Closures 1-5 business days Current DUA Requestor & Custodian changes 1-5 business days Oversight Agencies 1-5 business days Disproportionate S hare Hospital (DS H) 3-5 business days CMS Contracts 10-14 business days Limited Data S ets (LDS ) 6-8 weeks
Questions? ? ? ? www.cms.gov/ Privacy DataUseAgreement@ cms.hhs.gov
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