Bill Summary for H 70 (2019-2020)

Summary date: 

Mar 12 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 70 (Public) Filed Wednesday, February 13, 2019
AN ACT EXTENDING THE DEADLINES BY WHICH CERTAIN PROVIDERS ARE REQUIRED TO CONNECT TO AND PARTICIPATE IN NORTH CAROLINA'S HEALTH INFORMATION EXCHANGE NETWORK KNOWN AS NC HEALTHCONNEX AND EXPANDING THE MEMBERSHIP OF THE NORTH CAROLINA HEALTH INFORMATION EXCHANGE ADVISORY BOARD.
Intro. by Dobson, White, Murphy, Lambeth.

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Bill summary

House committee substitute to the 1st edition makes the following changes. Deletes the proposed changes to GS 90-414.4 and instead makes the following changes. 

Amends the findings in GS 90-414.4 to also refer to the access to demographic and clinical information by covered entities, in addition to the State. Under current law, GS 90-414.4(a1), deadlines are given to certain providers by which each must begin participation in North Carolina's Health Information Exchange (HIE) Network, ranging from June 1, 2018, to June 1, 2021. Amends the statute to extend the mandatory deadline to begin submitting demographic data from June 1, 2019, to June 1, 2020. Requires that licensed physicians whose primary area of practice is psychiatry to begin submitting demographic and clinical data by June 1, 2021, instead of June 1, 2018. Specifies that the June 1, 2018, start date for providing demographic and clinical data applies to the specified providers of Medicaid services licensed to operate in the State (previously did not require licensure in the State) that have an electronic health record system and specifies that the demographic and clinical data is the minimum of what is to be submitted. Adds that upon implementation of an electronic health record system or other technology solution enabling connectivity to the HIE Network, the following must begin submitting demographic and clinical data by June 1 of the following fiscal year: State healthcare facilities operated by the Secretary of the Department of Health and Human Services (DHHS), including specified types of facilities, and the State Laboratory of Public Health operated by DHHS. Makes conforming changes. Prohibits granting an extension for connecting to the network that would result in connecting to the HIE Network and commencing data submission later than June 1, 2021 (was, June 1, 2020). 

Adds the requirement that DHHS, in consultation with the Department of Information Technology, establish a process to grant exemptions to Medicaid providers and other State-funded health care services for whom acquiring and implementing an electronic health record system and connection to the HIE network would be an undue hardship. Set out factors to consider when determining whether to grant such an exemption as well as requirements for requesting the exemption.

Adds that ten specified categories of providers who provide services to Medicaid and other State-funded health care program beneficiaries who receive Medicaid or other State funds  are not required to connect to the HIE Network or submit data, but may do so voluntarily. 

Makes all data submitted to or through the HIE Network containing protected health information or personally identifying information that is in the possession of a State agency confidential and not a public record.

Amends GS 90-414.8 by increasing the membership of the North Carolina Health Information Exchange Advisory Board from 12 to 14 members with an additional member appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House, according to the specifically required credentials. Makes all four ex offico members voting members. 

Corrects a statutory cross-reference in GS 90-414.10. 

Makes conforming changes to the act's long title. 

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