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. Enacted June 6, 2019. Effective June 6, 2019.
Summary date: Jun 6 2019 - More information
Summary date: May 30 2019 - More information
Senate amendment makes the following changes to the 4th edition.
Establishes that a provider subject to GS 90-414.4(a1)(2) failing to meet the June 1, 2019, deadline for HIE Network connection and data submission cannot be denied payment for any otherwise allowable Medicaid claims or claims for other State-funded health care services submitted between June 1, 2019, and May 31, 2020, or subjected to any other penalties. Limits the exception to providers who meet the June 1, 2020, deadline enacted by the act for data submission.
Summary date: May 29 2019 - More information
Senate amendment #1 makes the following changes to the 3rd edition. Makes a technical change to GS 90-414.4(a3).
Summary date: May 23 2019 - More information
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.
Summary date: Mar 12 2019 - More information
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.
Summary date: Feb 13 2019 - More information
Under current law, GS 90-414.4, 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 appropriate encounter and claims data for the following 14 providers to June 1, 2021: licensed psychiatrists, licensed psychologists and associates, licensed professional counselors, substance abuse professionals, licensed clinical social workers and associates, fee-based pastoral counselors, licensed marriage and family therapists, specified providers of services for individuals with intellectual or developmental disabilities, adult care homes, family care homes, home care agencies, and home health agencies. Makes conforming changes.
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