1. Except as otherwise provided in subsection 3 and NRS 439B.855, data contained in the all-payer claims database, if established pursuant to NRS 439B.835, is confidential and is not a public record or subject to subpoena.
2. The Department shall comply with the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto as if the Department were a covered entity maintaining protected health information, as defined in 45 C.F.R. § 160.103, with regard to the collection of data pursuant to NRS 439B.840, the storage of data in the all-payer claims database and the procedures for releasing data from the all-payer claims database pursuant to NRS 439B.855.
3. To the extent authorized by federal law, the Department may use data contained in the all-payer claims database in any proceeding to enforce the provisions of NRS 439B.800 to 439B.875, inclusive.
(Added to NRS by 2021, 3052, effective January 1, 2022)