North Dakota Code 23-12-19 – Voluntary participation in the health information organization – Prohibition on withholding care or benefits
1. As used in this section:
Terms Used In North Dakota Code 23-12-19
- Individual: means a human being. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. “Health information organization” means the health information exchange created under chapter 54-59.
b. “Individually identifiable health information” has the meaning set forth in title 45, Code of Federal Regulations, section 160.103.
2. An individual may opt-out of participating in the health information organization by providing notice to the organization. If an individual chooses to opt-out of participating in the health information organization, the individual’s individually identifiable health information may not be accessed by search by a health insurer, government health plan, or health care provider other than the provider who originally created or ordered the creation of the individually identifiable health information.
3. In opting out of participating in the health information organization under this section, the individual must have the option of:
a. Opting out of participating; or
b. Conditionally opting out, in which case the accessibility of the individual’s individually identifiable health information is limited to access by a health care provider who determines access is required by a medical emergency.
4. An individual’s decision to opt-out of participating in the health information organization:
a. May be changed at any time by the individual by providing written notice to the health information organization.
b. Does not prohibit use or disclosure of individually identifiable health information which is required by law.
5. A health care provider, health insurer, or government health plan may not withhold coverage or care from an individual nor may a health insurer deny an individual a health insurance benefit plan based solely on that individual’s choice to participate or to opt-out of the health information organization.