Nevada Administrative Code|Section 439.592 - Control by patient of access to health information; conditions for retrieval of information from exchange; requirements concerning informed written consent of patient; electronic notice, information, revocation or signature authorized

                                                
 439.592. Control by patient of access to health information; conditions for retrieval of information from exchange; requirements concerning informed written consent of patient; electronic notice, information, revocation or signature authorized 
 
1. Except for health information concerning a patient who is prohibited by NRS 439.538 from opting out of electronic disclosure of individually identifiable health information, health information concerning a patient, including, without limitation, a child under 18 years of age who has received health care services without the consent of a parent or guardian, that is retrieved, disclosed or maintained using a health information exchange belongs to the patient. A patient may control access to such information by providing or refusing to provide informed written consent in the manner prescribed by this section.
 
2. Except as otherwise provided in subsection 7, a person shall, before retrieving the health information of a patient that belongs to the patient pursuant to subsection 1 from a health information exchange:
 
(a) Provide the patient with a statement of information about health information exchanges, including, without limitation, the manner in which health information is collected, retrieved and disclosed using the health information exchange; and
 
(b) Obtain informed written consent from the patient or the legal representative of the patient.
 
3. Informed written consent obtained pursuant to subsection 2 must be voluntary and must be given on a form signed by the patient or the legal representative of the patient that is written in plain language and contains sufficient information for the patient to make a fully informed decision, including, without limitation: 
 
(a) Information concerning the manner in which health information is collected, retrieved and disclosed using the health information exchange;
 
(b) A statement of the provisions of subsections 5, 6 and 7; and
 
(c) A statement that the health information of the patient may be retrieved from the health information exchange if the patient provides consent by signing the form.
 
4. A person who requests informed written consent pursuant to this section shall maintain a record of the patient's consent or refusal to consent for at least 6 years after the date on which the consent or refusal is executed.
 
5. A person shall not use informed written consent for any purpose prohibited by law, including, without limitation, discrimination prohibited by federal or state law, or require informed written consent as a condition of receiving medical treatment.
 
6. Informed written consent provided pursuant to this section is valid until revoked. A patient may revoke his or her informed written consent at any time and for any reason by providing written notice of the revocation to a person who is authorized to retrieve or disclose health information using a health information exchange pursuant to NAC 439.584. A person who receives such a revocation shall communicate the revocation to the health information exchange. A health information exchange shall accept and carry out any such revocation communicated to the health information exchange.
 
7. A health care provider may retrieve the health information of any patient from a health information exchange without obtaining informed written consent from the patient: 
 
(a) During an emergency using the procedures adopted pursuant to 45 C.F.R. § 164.312(a)(2)(ii); or
 
(b) If the patient is prohibited by NRS 439.538 from opting out of having his or her individually identifiable health information disclosed electronically.
 
8. Any informed written consent provided by a patient for a person to retrieve the health information of the patient from a health information exchange that is executed before September 21, 2017, and complies with all applicable state and federal laws, including, without limitation, the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, is valid until such informed written consent is revoked in the manner prescribed by subsection 6.
 
9. Any notice, information, revocation or signature described in this section may be delivered or obtained electronically in conformance with the requirements of chapters 719 and 720 of NRS.
 
Added to NAC by Dep't of Health & Human Services by R056-16, eff. 9-21-2017
 
NRS 439.587, 439.589