25 CAR § 20-105 – Individual control of information available through the State Health Alliance for Records Exchange

(a) Scope and applicability. This policy applies to the Office of Health Information Technology, the State Health Alliance for Records Exchange, and all participating entities.
(b) Choice not to have information included in the State Health Alliance for Records Exchange. All individuals may choose not to have information about them made available through the State Health Alliance for Records Exchange.
(c) Effect of choice. An individual's choice not to have information about him or her included in or made available through the State Health Alliance for Records Exchange shall be exercised through the participating entity, as described in the institution's notice, after which time the institution shall no longer make the individual's information available through the State Health Alliance for Records Exchange.
(d) Limited effect of choice.
1. (1) A decision to opt out only affects the availability of the individual's protected health information through the State Health Alliance for Records Exchange.
2. (2) Each participating entity’s policies continue to govern access, use, and disclosures in all other contexts and via all other media.
3. (3) Although an individual may opt out, in the event of an emergency or disaster their protected health information may be made available through the State Health Alliance for Records Exchange.
(e) Revocation. An individual who has chosen not to make information concerning him or her available through the State Health Alliance for Records Exchange subsequently may be included in the State Health Alliance for Records Exchange only if the individual revokes his or her decision or subsequently chooses to renew participation in the State Health Alliance for Records Exchange.
(f) Documentation. Each participating entity shall document and maintain documentation of all patients' decisions not to have information about them included in the State Health Alliance for Records Exchange.
(g) Participant choice.
1. (1) Participating entities shall establish reasonable and appropriate processes to enable the exercise of a patient's choice not to have information about him or her included in the State Health Alliance for Records Exchange.
2. (2) Each participating entity retains the authority to decide the process by which to obtain patient consent prior to making information available through the State Health Alliance for Records Exchange.
(h) Provision of coverage or care. A participating entity shall not withhold coverage or care from an individual on the basis of that individual's choice not to have information about him or her included in the State Health Alliance for Records Exchange.
(i) Reliance. Participating entities will be entitled to assume that an individual has not opted out if the individual's protected health information is available through the State Health Alliance for Records Exchange.