Bill > AB428

Introduced Session

Legislative Counsel's Digest: Existing law requires a patient to consent to the retrieval of his or her health 1 care records from a health information exchange before those records may be 2 retrieved. (NRS 439.591) Section 5of this bill instead provides that a patient is 3 presumed to consent to the retrieval of his or her health care records unless he or 4 she opts out. Section 3of this bill requires the Director of the Department of Health 5 and Human Services to prescribe standards for providing a patient the opportunity 6 to opt out of allowing access to the patient s health records from a health 7 information exchange. Sections 1, 2, 4and 6of this bill make various changes to 8 account for the changes made by sections 3and 5 from requiring a patient to 9 provide consent to the retrieval of his or her health records from a health 10 information exchange to presuming such consent unless the patient opts out. 11 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 439.538 is hereby amended to read as follows: 439.538 1. If a covered entity transmits electronically 2 individually identifiable health information in compliance with the 3 provisions of: 4 (a) The Health Insurance Portability and Accountability Act of 1 1996, Public Law 104-191; and 2 (b) NRS 439.581 to 439.595, inclusive, and the regulations 3 adopted pursuant thereto, 4 which govern the electronic transmission of such information, the 5 covered entity is, for purposes of the electronic transmission, 6 exempt from any state law that contains more stringent requirements 7 or provisions concerning the privacy or confidentiality of 8 individually identifiable health information. 9 2. A covered entity that makes individually identifiable health 10 information available electronically pursuant to subsection 1 shall 11 allow any person to opt out of having his or her individually 12 identifiable health information disclosed electronically to other 13 covered entities, except: 14 (a) As required by the administrative simplification provisions 15 of the Health Insurance Portability and Accountability Act of 1996, 16 Public Law 104-191. 17 (b) As otherwise required by a state law. 18 (c) That a person who is a recipient of Medicaid or insurance 19 pursuant to the Children s Health Insurance Program may not opt 20 out of having his or her individually identifiable health information 21 disclosed electronically. 22 3. If a covered entity makes individually identifiable 23 information available electronically using a health information 24 exchange, as defined in NRS 439.584, the opportunity to opt out of 25 such disclosure pursuant to subsection 2 must be provided in 26 accordance with the regulations adopted pursuant to 27 NRS 439.589. 28 4. As used in this section, covered entity has the meaning 29 ascribed to it in 45 C.F.R. 160.103. 30

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Robin Titus (R)*, 

(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.) (on 04/10/2021)

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