NRS 439.581 – Definitions.

As used in NRS 439.581 to 439.595, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.582 to 439.585, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2011, 1754; A 2015, 1038)

NRS 439.582 – “Electronic health record” defined.

“Electronic health record” has the meaning ascribed to it in 42 U.S.C. § 17921(5). (Added to NRS by 2011, 1754)

NRS 439.583 – “Health care provider” defined.

“Health care provider” has the meaning ascribed to it in 45 C.F.R. § 160.103. (Added to NRS by 2011, 1754)

NRS 439.584 – “Health information exchange” defined.

“Health information exchange” means a person who makes available an electronic means of connecting disparate electronic systems on which health-related information is shared which: 1. Is made commercially available to health care providers and other covered entities by a covered entity or the business associate of a covered entity, as those terms are defined in […]

NRS 439.585 – “Person” defined.

“Person” means: 1. A natural person. 2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization. 3. A government, a political subdivision of a government or an agency or instrumentality of a government or of a political subdivision of a […]

NRS 439.587 – Designation and duties of Director as state authority for health information technology; authorization to establish or contract with exchange; adoption of regulations and other necessary actions authorized.

1. The Director is the state authority for health information technology. The Director shall: (a) Ensure that a health information exchange complies with the specifications and protocols for exchanging electronic health records, health-related information and related data prescribed pursuant to the provisions of the Health Information Technology for Economic and Clinical Health Act of 2009, […]

NRS 439.588 – Certification for exchange required; disciplinary action for failure to comply with law; administrative fine for operating without certification; regulations.

1. A health information exchange shall not operate in this State without first obtaining certification as provided in subsection 2. 2. The Director shall by regulation establish the manner in which a health information exchange may apply for certification and the requirements for granting such certification, which must include, without limitation, that the health information […]

NRS 439.589 – Adoption of regulations to prescribe standards relating to electronic health records, health-related information and health information exchanges.

1. The Director shall by regulation prescribe standards: (a) To ensure that electronic health records retained or shared by any health information exchange are secure; (b) To maintain the confidentiality of electronic health records and health-related information, including, without limitation, standards to maintain the confidentiality of electronic health records relating to a child who has […]

NRS 439.590 – Limitations on use, release or publication of certain information; penalty for unauthorized access to electronic health record or health information exchange; establishment of complaint system.

1. Except as otherwise authorized by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, a person shall not use, release or publish: (a) Individually identifiable health information from an electronic health record or a health information exchange for a purpose unrelated to the treatment, care, well-being or billing of the person […]

NRS 439.591 – Patient not required to participate in health information exchange; notification to patient of breach of confidentiality of electronic health records or health information exchange; patient access to electronic health records.

1. Except as otherwise provided in subsection 2 of NRS 439.538, a patient must not be required to participate in a health information exchange. Before a patient’s health care records may be retrieved from a health information exchange, the patient must be fully informed and consent, in the manner prescribed by the Director. 2. A […]

NRS 439.592 – Electronic health records, electronic signatures and electronically transmitted or retrieved health information deemed to comply with certain writing and signature requirements; information maintained or transmitted in electronic health record or retrieved by a health information exchange deemed to comply with certain confidentiality requirements; exception.

1. Except as otherwise prohibited by federal law: (a) If a statute or regulation requires that a health care record, prescription, medical directive or other health-related document be in writing, or that such a record, prescription, directive or document be signed, an electronic health record, an electronic signature or the transmittal or retrieval of health […]

NRS 439.593 – Immunity from liability for health care provider who uses health information exchange.

A health care provider who with reasonable care relies upon an apparently genuine electronic health record accessed from a health information exchange to make a decision concerning the provision of health care to a patient is immune from civil or criminal liability for the decision if: 1. The electronic health record is inaccurate; 2. The […]

NRS 439.595 – Provision of information to electronic health record or participation in health information exchange not unfair trade practice.

Providing information to an electronic health record or participating in a health information exchange in accordance with NRS 439.581 to 439.595, inclusive, does not constitute an unfair trade practice pursuant to chapter 598A or 686A of NRS. (Added to NRS by 2011, 1758)