Bill Summary for H 395 (2021-2022)

Summary date: 

May 4 2021

Bill Information:

View NCGA Bill Details2021
House Bill 395 (Public) Filed Wednesday, March 24, 2021
AN ACT EXEMPTING AMBULATORY SURGICAL CENTERS FROM THE REQUIREMENT TO SUBMIT DEMOGRAPHIC AND CLINICAL DATA, EXTENDING FOR CERTAIN PROVIDERS AND ENTITIES THE DEADLINES FOR MANDATORY PARTICIPATION IN THE STATEWIDE HEALTH INFORMATION EXCHANGE NETWORK KNOWN AS NC HEALTHCONNEX, AND INSTITUTING REFORMS TO PROTECT PATIENTS.
Intro. by Sasser, Potts, K. Baker, Wray.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Revises the proposed changes to and further amends GS 90-414.4. Adds a new provision, explicitly charging the Department of Information Technology (DIT), the Department of State Treasurer, State Health Plan Division, and the Department of Health and Human Services (DHHS), Division of Health Benefits (DHB) with the affirmative duty to facilitate and support participation by covered entities in the statewide health information exchange network (HIE network). Revises the mandatory HIE Network participation dates as follows. Requires participation by providers of Medicaid and State-funded health care services, now explicitly including their affiliated entities, not otherwise provided for by January 1, 2023 (was, extended to October 1, 2022, from October 1, 2021). Requires participation by licensed dentists, licensed physicians with a primary practice in psychiatry, and the State Lab of Public Health by January 1, 2023 (was, extended to June 1, 2022, from June 1, 2021). Requires participation by registered pharmacies, and State health care facilities under the Secretary of the Department of Health and Human Services' jurisdiction by January 1, 2023 (was, extended to June 1, 2022, from June 1, 2021). Makes conforming changes to the prohibitions against extensions beyond the new deadline of January 1, 2023, for these specified entities. No longer requires participation by ambulatory surgical centers by June 1, 2021 (was, extended to June 1, 2021; now eliminated with no replacement deadline). Makes conforming changes to exclude ambulatory surgical centers from the provisions of subsection (b), which condition State funding upon twice daily data submissions regarding services rendered to Medicaid and other State-funded health care program beneficiaries and paid for with Medicaid or other State-funded health care funds. Enacts a new subsection to prohibit providers or entities whose receipt of State funds is negatively impacted by a failure to connect to the HIE Network and submit required data from balance billing any services rendered to State-funded health care program beneficiaries, and deems those beneficiaries not responsible for improper charges.

Amends GS 90-414.6 to prohibit the HIE Authority from fulfilling a request for electronic health information 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. Instead, requires the Authority to make available to the requester and the public, on its website, educational materials about how to access such information from other sources. 

Directs the HIE Advisory Board to submit recommendations to the specified NCGA committee by December 1, 2022, regarding appropriate features or actions to support enforcement of the Statewide HIE Act, Article 29B of GS Chapter 90.

Changes the act's titles. 

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