§ 90-414.3. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The following definitions apply in this Article:

(1)Business associate. - As defined in 45 C.F.R. § 160.103.

(2)Business associate contract. - The documentation required by 45 C.F.R. § 164.502(e)(2) that meets the applicable requirements of 45 C.F.R. § 164.504(e).

(3)Covered entity. - Any entity described in 45 C.F.R. § 160.103 or any other facility or practitioner licensed by the State to provide health care services.

(4)Department. - North Carolina Department of Health and Human Services.

(5)Disclose or disclosure. - The release, transfer, provision of access to, or divulging in any other manner an individual's protected health information through the HIE Network.

(6)Repealed by Session Laws 2017-57, s. 11A.5(f), effective July 1, 2017.

(7)GDAC. - The North Carolina Government Data Analytics Center.

(8)HIE Network. - The voluntary, statewide health information exchange network overseen and administered by the Authority.

(9)HIPAA. - Sections 261 through 264 of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and any federal regulations adopted to implement these sections, as amended.

(10)Individual. - As defined in 45 C.F.R. § 160.103.

(11)North Carolina Health Information Exchange Advisory Board or Advisory Board. - The Advisory Board established under G.S. 90-414.8.

(12)North Carolina Health Information Exchange Authority or Authority. - The entity established pursuant to G.S. 90-414.7.

(13)Opt out. - An individual's affirmative decision communicated to the Authority in writing to disallow his or her protected health information from being disclosed by the Authority to covered entities or other persons or entities through the HIE Network.

(14)Protected health information. - As defined in 45 C.F.R. § 160.103.

(15)Public health purposes. - The public health activities and purposes described in 45 C.F.R. § 164.512(b).

(16)Qualified organization. - An entity with which the Authority has contracted for the sole purpose of facilitating the exchange of data with or through the HIE Network.

(17)Research purposes. - Research purposes referenced in and subject to the standards described in 45 C.F.R. § 164.512(i).

(18)State CIO. - The State Chief Information Officer. (2015-241, s. 12A.5(d); 2015-264, s. 86.5(b); 2017-57, ss. 11A.5(c), (f).)