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.
Senate committee substitute to the 2nd edition makes the following changes.
Amends the findings in GS 90-414.4 (Required participation in Health Information Exchange (HIE) Network for some providers) to more specifically refer to State-funded health care services rather than State-funded health services. Regarding the timeline for mandatory connection to the HIE Network, adds the State Laboratory of Public Health is to begin submitting demographic and clinical data by June 1, 2021. Also requires State health care facilities operating under the jurisdiction of the Secretary of the Department of Health and Human Services (DHHS), such as alcohol and drug treatment centers and residential programs for children, to begin submitting claims data by June 1, 2021. Eliminates the provisions of the previous edition which required both the State Lab for Public Health and State health care facilities operated by the DHHS Secretary to begin submitting demographic and clinical data by June 1 of the fiscal year following the implementation of an electronic health record system or other technology enabling connectivity to the HIE Network. Makes conforming changes. Adds consultation with the State Health Plan for Teachers and State Employees (SHP) to the procedures for granting limited extensions to the time for providers and entities to connect to the HIE Network and begin submitting data as required. Now prohibits the Department of Information Technology, DHHS, or the SHP from granting an extension (1) to a provider or entity that fails to provide the expected timeline for connection and data submission to the Department, DHHS, and the SHP (2) which would result in the provider or entity connecting and commencing data submission later than June 1, 2020 (previously extended to June 1, 2021), or (3) which would result in any provider or entity required to begin data submission by June 1, 2021 (specified in subdivisions (a1)(4) and (5)), to connect and commence data submission later than June 1, 2022 (previously eliminated; current law provides for June 1, 2021). Concerning the hardship exemption set forth in proposed subsection (a3), grants the Secretary or a designee the authority to grant the hardship exemptions to classes of providers and requires prompt notification of the Department of Information Technology of the classes of providers granted hardship exemptions (previously directed DHHS to establish an exemption process in consultation with the Department of Information Technology, providing factors to consider in determining undue hardship, and requiring written requests for the exception; did require prompt notification of providers granted exemptions). Adds a new provision to prohibit the Secretary or a designee from granting a hardship exemption that would result in any class of provider connection to the HIE Network and submitting data later than December 31, 2022. Modifies and adds to the providers included in proposed subsection (e), which provides for voluntary connection of those listed. Adds community-based long-term services and supports providers; intellectual and developmental disability services and supports providers; eye and vision services providers; and ambulance providers. Eliminates from that list respiratory, rehabilitative, restorative, assistive technology, and intellectual and developmental disability service providers; personal care; home health providers; hospice service providers and respite care service providers. Now refers in that list to local education agencies rather than referencing individual agencies. Concerning the confidentiality of HIE Network data, adds that data submitted to or through the Network containing protected health information, personally identifying information, or any combination thereof, in possession of the Department of Information Technology or any other agency, is confidential (previously did not provide for any combination of protected health or personally identifying information, and did not extend confidentiality to that information in the possession of other state agencies). Adds a clarification that proposed subsection (f) does not prohibit disclosure permitted under federal law.
Eliminates the proposed changes to GS 90-414.8, which increased the membership of the North Carolina Health Information Exchange Advisory Board from 12 to 14 members.
© 2022 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.