North Dakota Administrative Code Title 113 - North Dakota Health Information Network
Title 113 of the North Dakota Administrative Code pertains to the North Dakota Health Information Network (NDHIN), which facilitates the secure electronic exchange of health information among authorized participants in the state. This framework is designed to enhance healthcare delivery while ensuring the privacy and security of protected health information (PHI).(ndhin.nd.gov)
📚 Article 113-02: North Dakota Health Information Network
Article 113-02 outlines the operational guidelines and responsibilities associated with the NDHIN. Key sections include:
Section 113-02-01-01 – Organization of the Health Information Technology Office
Establishes the structure and responsibilities of the office overseeing the NDHIN.
Section 113-02-01-02 – Definitions
Provides definitions for terms such as "Authorized User," "Breach," "Business Associate," "Individual," "Opt Out," "Participant," and "Protected Health Information." These definitions ensure clarity in the interpretation and application of the network's policies.
Section 113-02-01-03 – Individual Participation
Describes the process by which individuals can participate in the NDHIN, including consent requirements and opt-out provisions.
Section 113-02-01-04 – Authorized Participants
Details the criteria and procedures for entities to become authorized participants in the network.
Section 113-02-01-05 – Use and Disclosure of Protected Health Information
Outlines the permissible uses and disclosures of PHI within the NDHIN, emphasizing compliance with applicable laws and regulations.
Section 113-02-01-06 – Fees
Addresses the fee structure associated with participation in the NDHIN. Note: This section is currently reserved.
Section 113-02-01-07 – Enforcement
Specifies the enforcement mechanisms for non-compliance, including the authority of the Health Information Technology Director to suspend or terminate participation. Participants have the right to appeal decisions and may submit a plan of correction.
Section 113-02-01-08 – Privacy and Security Protections
Mandates the implementation of safeguards to protect the confidentiality, integrity, and availability of PHI. Compliance with federal standards, such as 45 CFR part 164, subpart C, is required.
🔐 Privacy and Security Protections
Section 113-02-01-08 emphasizes the necessity for appropriate safeguards to prevent unauthorized use or disclosure of PHI. These safeguards must include administrative, physical, and technical measures that align with federal and state standards. Additionally, the NDHIN is required to report any successful unauthorized access, use, disclosure, modification, or destruction of PHI to the affected participant.(law.cornell.edu)
⚖️ Enforcement and Compliance
Section 113-02-01-07 grants the Health Information Technology Director the authority to suspend or terminate a participant's access to the NDHIN for non-compliance. Participants have the opportunity to appeal such decisions by submitting a plan of correction. If the plan is accepted, access may be reinstated upon completion; if rejected, the participant may appeal to the Health Information Technology Advisory Committee for a final determination.(casetext.com)
RELATED Blog
0 comments