(a) To facilitate the use of Web–based technology for electronic advance directives, the Maryland Health Care Commission shall develop criteria for recognizing electronic advance directives services that are authorized to connect to the State–designated health information exchange.
(b) To be authorized to connect to the State–designated health information exchange, an electronic advance directives service shall:
(1) Be recognized by the Maryland Health Care Commission;
(2) Be established in accordance with the National Institute of Standards and Technology Special Publication 800–63–2: Electronic Authentication Guideline;
(3) Be responsible for all costs associated with connecting to the State–designated health information exchange; and
(4) Store electronic advance directives that are received by facsimile or other electronic means.
(c) The State–designated health information exchange may charge electronic advance directives services recognized by the Maryland Health Care Commission a fee for connecting to the State–designated health information exchange.
(d) The State–designated health information exchange shall ensure that electronic advance directives services do not have access to information stored on the State–designated health information exchange.