113-02-01-05. Use and disclosure of protected health information.

1. Approved uses and disclosures. A participant may use and disclose the protected health information accessible in the North Dakota health information network only for the following purposes:

a. Treatment, payment, and health care operations;

b. Permitted uses described in the participation agreement;

c. As allowed under 45 CFR parts 160 and 164; and

d. As required by law.

2. Prohibited uses and disclosures. An individual's protected health information may not be used without the individual's authorization by the North Dakota health information network, a participant, or a business associate for any of the following purposes:

a. Uses prohibited by law, including federal, state, or local laws, rules, or regulations;

b. Comparative studies or by third parties; or

c. The sale or commercial use of protected health information.

3. Audits. The North Dakota health information network is responsible for auditing the use of the health information network.

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