North Carolina § 90-414 - 3. Definitions.

§ 90-414. 3. Definitions.

The following definitions apply in this Article: Business associate. - As defined in 45 C.F.R. § 160.103. 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). Covered entity. - Any entity described in 45 C.F.R. § 160.103 or any other facility or practitioner licensed by the State to provide health care services. Department. - North Carolina Department of Health and Human Services. Disclose or disclosure. - The release, transfer, provision of access to, or divulging in any other manner an individual's protected health information through the HIE Network. Repealed by Session Laws 2017-57, s. 11A.5(f), effective July 1, 2017. GDAC. - The North Carolina Government Data Analytics Center. HIE Network. - The voluntary, statewide health information exchange network overseen and administered by the Authority. HIPAA. - Sections 261 through 264 of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and any federal regulations adopted to implement these sections, as amended. Individual. - As defined in 45 C.F.R. § 160.103. North Carolina Health Information Exchange Advisory Board or Advisory Board. - The Advisory Board established under G.S. 90-414.8. North Carolina Health Information Exchange Authority or Authority. - The entity established pursuant to G.S. 90-414.7. Opt out. - An individual's affirmative decision communicated to the Authority in writing to disallow his or her protected health information from being disclosed by the Authority to covered entities or other persons or entities through the HIE Network. Protected health information. - As defined in 45 C.F.R. § 160.103. Public health purposes. - The public health activities and purposes described in 45 C.F.R. § 164.512(b). Qualified organization. - An entity with which the Authority has contracted for the sole purpose of facilitating the exchange of data with or through the HIE Network. Research purposes. - Research purposes referenced in and subject to the standards described in 45 C.F.R. § 164.512(i). State CIO. - The State Chief Information Officer. History (2015-241, s. 12A.5(d); 2015-264, s. 86.5(b); 2017-57, s. 11A.5(c), (f).) Editor's Note. - Session Laws 2015-241, s. 12A.5(f1), as added by Session Laws 2015-264, s. 86.5(d), provides: "Notwithstanding any provision of this section, covered entities that are required to submit demographic and clinical information through the successor HIE Network described in subsection (a) of this section pursuant to G.S. 90-414.4(b) , as enacted by subsection (d) of this section, shall not be required to submit such demographic and clinical information through the successor HIE Network until the Authority establishes a date for covered entities to begin submitting demographic and clinical information through the HIE Network or by other secure electronic means, as provided in G.S. 90-414.4(b) , as enacted by subsection (d) of this section." Session Laws 2015-241, s. 12A.5(g), as amended by Session Laws 2015-264, s. 86.5(e), provides: "Except as provided in subsection (f1) of this section, subsections (d) and (e) of this section become effective October 1, 2015. Subsection (f) of this section becomes effective on the date the State Chief Information Officer notifies the Revisor of Statutes that all contracts pertaining to the HIE Network established under Article 29A of Chapter 90 of the General Statutes (i) between the State and the NC HIE, as defined in G.S. 90-413.3, and (ii) between the NC HIE and any third parties have been terminated or assigned to the North Carolina Health Information Exchange Authority established under Article 29B of Chapter 90 of the General Statutes, as enacted by subsection (d) of this section. The remainder of this section becomes effective July 1, 2015." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2015-264, s. 86.5(b), effective October 1, 2015, rewrote subdivision (9). Session Laws 2017-57, s. 11A.5(c), (f), effective July 1, 2017, repealed subdivision (6), which defined Emergency Medical Conditions; and rewrote subsection (13) which formerly read: "Opt out. - An individual's affirmative decision communicated in writing to disallow his or her protected health information maintained by the Authority from being disclosed to other covered entities or other persons or entities through the HIE Network."'