(a) The NC HIE shall satisfy all of the following requirements:
(1) Oversee and administer the HIE Network in a manner that ensures all of the following:
a. Compliance with this Article.
b. Compliance with HIPAA and any rules adopted under HIPAA, including the Privacy Rule and Security Rule.
c. Compliance with the terms of any business associate contract the NC HIE or qualified organization enters into with a covered entity participating in the HIE Network.
d. Notice to the patient by the provider on the initial visit about the HIE Network, including information and education about the right of individuals on a continuing basis to opt out or rescind a decision to opt out.
e. Opportunity for all individuals to exercise on a continuing basis the right to opt out or rescind a decision to opt out.
f. Nondiscriminatory treatment by covered entities of individuals who exercise the right to opt out.
(2) Develop and enter into written participation agreements with covered entities that utilize the HIE Network. The participation agreements shall specify the terms and conditions governing participation in the HIE Network. The agreement shall also require compliance with policies developed by the NC HIE pursuant to this Article, or pursuant to applicable laws of the state of residence for entities located outside of North Carolina. In lieu of entering into a participation agreement directly with covered entities, the NC HIE may enter into participation agreements with qualified organizations, which in turn, enter into participation agreements with covered entities.
(3) Add, remove, disclose, and access protected health information through the HIE Network in accordance with this Article.
(4) Enter into a business associate contract with each of the covered entities participating in the HIE Network. In lieu of entering into a business associates contract directly with covered entities, the NC HIE may enter into business associates contracts with qualified organizations, which in turn, enter into business associates contracts with covered entities.
(5) Grant user rights to the HIE Network to business associates of covered entities participating in the HIE Network (i) at the request of the covered entities and (ii) at the discretion of the NC HIE upon consideration of the business associates' legitimate need for utilizing the HIE Network and privacy and security concerns.
(6) Facilitate and promote use of the HIE Network by covered entities.
(7) Periodically monitor compliance with this Article by covered entities participating in the HIE Network.
(b) Nothing in this section shall be construed to restrict the NC HIE from exercising any of its corporate powers in a manner that is not inconsistent with this Article. (2011-337, s. 1.)
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Last modified: March 23, 2014