90-414.9. Participation by covered entities.
(a) Each covered entity that participates in the HIE Network shall enter into a HIPAA compliant business associate agreement described in G.S. 90-414.7(b)(8) and a written participation agreement described in G.S. 90-414.7(b)(6) with the Authority or qualified organization prior to submitting data through or in the HIE Network.
(b) Each covered entity that participates in the HIE Network may authorize its business associates on behalf of the covered entity to submit data through, or access data stored in, the HIE Network in accordance with this Article and at the discretion of the Authority, as provided in G.S. 90-414.7(b)(8).
(c) Notwithstanding any federal or State law or regulation to the contrary, each covered entity that participates in the HIE Network may disclose an individual's protected health information through the HIE Network to other covered entities for any purpose permitted by HIPAA. (2015-241, s. 12A.5(d); 2015-264, s. 86.5(c); 2017-57, s. 11A.5(d).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations
Article 29B - Statewide Health Information Exchange Act.
§ 90-414.4 - Required participation in HIE Network for some providers.
§ 90-414.5 - State agency and legislative access to HIE Network data.
§ 90-414.6 - State ownership of HIE Network data.
§ 90-414.7 - North Carolina Health Information Exchange Authority.
§ 90-414.8 - North Carolina Health Information Exchange Advisory Board.
§ 90-414.9 - Participation by covered entities.
§ 90-414.10 - Continuing right to opt out; effect of opt out.