Nevada Revised Statutes 439.538 – Electronic transmission of health information: Exemption from state law concerning privacy or confidentiality of certain health information; ability of person to opt out of electronic disclosure of certain health inf…
1. If a covered entity transmits electronically individually identifiable health information in compliance with the provisions of:
Terms Used In Nevada Revised Statutes 439.538
- Individually identifiable health information: has the meaning ascribed to it in 45 C. See Nevada Revised Statutes 439.005
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
(a) The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191; and
(b) NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto, which govern the electronic transmission of such information, the covered entity is, for purposes of the electronic transmission, exempt from any state law that contains more stringent requirements or provisions concerning the privacy or confidentiality of individually identifiable health information.
2. A covered entity that makes individually identifiable health information available electronically pursuant to subsection 1 shall allow any person to opt out of having his or her individually identifiable health information disclosed electronically to other covered entities, except:
(a) As required by the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
(b) As otherwise required by a state law.
(c) That a person who is a recipient of Medicaid or insurance pursuant to the Children’s Health Insurance Program may not opt out of having his or her individually identifiable health information disclosed electronically.
3. As used in this section, ‘covered entity’ has the meaning ascribed to it in 45 C.F.R. § 160.103.