36-3805. Disclosure of individually identifiable health information
A. A health information organization may disclose an individual's individually identifiable health information only if:
1. The individual has not opted out of participating in the health information organization.
2. The type of disclosure is explained in the health information organization's current notice of health information practices.
3. The disclosure complies with the health insurance portability and accountability act privacy rule, 45 Code of Federal Regulations part 164, subpart E.
B. A health information organization may not sell or otherwise make commercial use of an individual's individually identifiable health information without the written consent of the individual.
C. A health information organization may not transfer individually identifiable health information or deidentified health information to any person or entity for the purpose of research or using the information as part of a set of data for an application for grant or other research funding, unless the health care provider obtains consent from the individual for the transfer. A health care provider must document that it has provided a notice of transfer to the individual and that the individual has received and read and understands the notice. Documentation must be in the form of a signature by the individual indicating the individual has received and read and understands the notice and that the patient gives consent to the transfer of information. For the purposes of this subsection, " consent" means that a health care provider participating in a health information organization has provided a notice to the individual that is in at least twelve-point type and that describes the purposes of the transfer.
D. This chapter does not interfere with any other federal or state laws or regulations that provide more extensive protection of individually identifiable health information than provided in this chapter.
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