North Carolina § 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 product derived from the aggregated, de-identified data submitted to 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. The Authority shall not allow data it receives pursuant to G.S. 90-414.4 or any other provision of this Article to be used or disclosed by or to any person or entity for commercial purposes or for any other purpose other than those set forth in G.S. 90-414.4(a) or G.S. 90-414.2 . To the extent the Authority receives requests for electronic health information as the term is defined in 45 C.F.R. § 171.102, or other medical records from an individual, an individual's personal representative, or an individual or entity purporting to act on an individual's behalf, the Authority (i) shall not fulfill the request and (ii) shall make available to the requester and the public, via the Authority's website, educational materials about how to access such information from other sources. History (2015-241, s. 12A.5(d); 2021-26, s. 6.) 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 2021-26, s. 7(a), (b), provides: "(a) On or before March 1, 2022, the NC HIE Advisory Board shall submit to the Joint Legislative Oversight Committee on Health and Human Services recommendations regarding appropriate features or actions to support enforcement of the Statewide Health Information Exchange Act contained in Article 29B of Chapter 90 of the General Statutes and the results of the outreach efforts in subsection (b) of this section. "(b) The HIE Authority shall work with the State Health Plan Division, Department of State Treasurer, and the Division of Health Benefits, Department of Health and Human Services, to identify the following: (i) all providers and entities who are required to connect to the HIE as a condition of receiving State funds, (ii) providers and entities who have not connected to the HIE in accordance with G.S. 90-414.4 , and (iii) providers and entities whose deadline for mandatory connection is approaching or has passed. The HIE Authority shall contact each entity or provider identified and ascertain the status of the entity's or provider's effort to connect to the HIE. The HIE Authority shall share information with each provider or entity about the Statewide Health Information Exchange Act and how to connect to the HIE Network. All licensing boards within the State overseeing the providers and entities required to connect to the HIE shall assist by providing contact information and addresses of licensees when that information is not readily available to the HIE Authority, Department of State Treasurer, and the Department of Health and Human Services. Contact information and addresses for providers and entities shall be provided by the Department of State Treasurer, the Department of Health and Human Services, and licensing boards on or before November 1, 2021. On or before November 1, 2021, the Department of State Treasurer, State Health Plan Division, shall provide claim encounter data to support but not exceed the requirements of this section and as part of its responsibilities to administer and operate the State Health Plan for Teachers and State Employees, the State Health Plan Division shall use and disclose Claim Payment Data and/or data from the Claims Data Feed, as necessary to satisfy the requirements of this subsection." Effect of Amendments. - Session Laws 2021-26, s. 6, effective May 27, 2021, added the last sentence.