1. Purpose. The North Dakota health information network functions to provide for the electronic use and disclosure of a participating individual's protected health information by qualifying participants and their authorized users.

2. Individual participation. a. Individual participation in the North Dakota health information network is voluntary. All individuals are considered to be participating until an individual has made a written decision to opt out of participation in the North Dakota health information network. Unless an individual elects to not participate, the individual's protected health information will be

available through the North Dakota health information network for the purposes specified in section 113-02-01-05.

1. b. An individual may choose not to participate completely or except for a medical emergency by completing and submitting the designated form to the North Dakota health information network.
2. c. If an individual has chosen to not participate in the North Dakota health information network, then the individual's protected health information will not be available for use and disclosure through the North Dakota health information network except as required by law, as authorized by the individual in a medical emergency, or by the provider who originally created or ordered the creation of the individual's protected health information.
3. d. An individual may change a prior election by completing and submitting the designated form to the North Dakota health information network.3. Individual rights.- a. An individual has the right to opt out of participation in the North Dakota health information network.
4. b. A participant may not withhold coverage or care from an individual nor may a health insurer deny an individual a health insurance benefit based solely on that individual's choice to opt out of participation in the North Dakota health information network.
5. c. An individual has the right to request an amendment of incorrect protected health information created by the North Dakota health information network. The North Dakota health information network may review the request if it relates to information created by it or may require participants who created the information to review the request for an amendment.
6. d. An individual has the right to request an accounting of disclosures as defined under 45 CFR 164.528 and 42 U.S.C. 17935 section 13405(c).
7. e. An individual has the right to request a copy of the individual's protected health information that is available through the North Dakota health information network. The North Dakota health information network may provide the health information directly to the individual or may require participants to provide access to individuals.
8. f. An individual has the right to be notified, pursuant to 45 CFR 164.404, of a breach that affects the individual's protected health information.
9. g. An individual has the right to file a complaint as defined in the North Dakota health information network policies and procedures.

History: Effective January 1, 2014.

General Authority: NDCC 54-59-26

Law Implemented: NDCC 23-12-19, 54-59-25, 54-59-26, 54-59-28, 54-59-29