§ 90-414.1 – Title.
90-414.1. Title. This act shall be known and may be cited as the "Statewide Health Information Exchange Act." (2015-241, s. 12A.5(d).)
§ 90-414.10 – Continuing right to opt out; effect of opt out.
90-414.10. Continuing right to opt out; effect of opt out. (a) Each individual has the right on a continuing basis to opt out or rescind a decision to opt out. (b) The Authority or its designee shall enforce an individual’s decision to opt out or rescind an opt out prospectively from the date the Authority […]
§ 90-414.11 – Construction and applicability.
90-414.11. Construction and applicability. (a) Nothing in this Article shall be construed to do any of the following: (1) Impair any rights conferred upon an individual under HIPAA, including all of the following rights related to an individual’s protected health information: a. The right to receive a notice of privacy practices. b. The right to […]
§ 90-414.12 – Penalties and remedies; immunity for covered entities and business associates for good faith participation.
90-414.12. Penalties and remedies; immunity for covered entities and business associates for good faith participation. (a) Except as provided in subsection (b) of this section, a covered entity that discloses protected health information in violation of this Article is subject to the following: (1) Any civil penalty or criminal penalty, or both, that may be […]
§ 90-414.2 – Purpose.
90-414.2. Purpose. This Article is intended to improve the quality of health care delivery within this State by facilitating and regulating the use of a voluntary, statewide health information exchange network for the secure electronic transmission of individually identifiable health information among health care providers, health plans, and health care clearinghouses in a manner that […]
§ 90-414.3 – Definitions.
90-414.3. Definitions. The following definitions apply in this Article: (1) Business associate. – As defined in 45 C.F.R. 160.103. (2) Business associate contract. – The documentation required by 45 C.F.R. 164.502(e)(2) that meets the applicable requirements of 45 C.F.R. 164.504(e). (3) Covered entity. – Any entity described in 45 C.F.R. 160.103 or any other facility […]
§ 90-414.4 – Required participation in HIE Network for some providers.
90-414.4. Required participation in HIE Network for some providers. (a) Findings. – The General Assembly makes the following findings: (1) That controlling escalating health care costs of the Medicaid program and other State-funded health care services is of significant importance to the State, its taxpayers, its Medicaid recipients, and other recipients of State-funded health care […]
§ 90-414.5 – State agency and legislative access to HIE Network data.
90-414.5. State agency and legislative access to HIE Network data. (a) The Authority shall provide the Department and the State Health Plan for Teachers and State Employees secure, real-time access to data and information disclosed through the HIE Network, solely for the purposes set forth in G.S. 90-414.4(a) and in G.S. 90-414.2. The Authority shall […]
§ 90-414.6 – State ownership of HIE Network data.
90-414.6. State ownership of HIE Network data. Any data pertaining to services rendered to Medicaid and other State-funded health care program beneficiaries submitted through and stored by the HIE Network pursuant to G.S. 90-414.4 or any other provision of this Article shall be and will remain the sole property of the State. Any data or […]
§ 90-414.7 – North Carolina Health Information Exchange Authority.
90-414.7. North Carolina Health Information Exchange Authority. (a) Creation. – There is hereby established the North Carolina Health Information Exchange Authority to oversee and administer the HIE Network in accordance with this Article. The Authority shall be located within the Department of Information Technology and shall be under the supervision, direction, and control of the […]
§ 90-414.8 – North Carolina Health Information Exchange Advisory Board.
90-414.8. North Carolina Health Information Exchange Advisory Board. (a) Creation and Membership. – There is hereby established the North Carolina Health Information Exchange Advisory Board within the Department of Information Technology. The Advisory Board shall consist of the following 12 members: (1) The following four members appointed by the President Pro Tempore of the Senate: […]
§ 90-414.9 – Participation by covered entities.
90-414.9. Participation by covered entities. (a) Each covered entity that participates in the HIE Network shall enter into a HIPAA compliant business associate agreement described in G.S. 90-414.7(b)(8) and a written participation agreement described in G.S. 90-414.7(b)(6) with the Authority or qualified organization prior to submitting data through or in the HIE Network. (b) Each […]