NRS 244.3635 Electronic database of information concerning victims of mass casualty incidents: Establishment; maintenance by board of county commissioners; information to be included; participation; confidentiality; immunity from civil liability.

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

1. A board of county commissioners may establish and maintain an electronic database containing information concerning victims of mass casualty incidents to coordinate the provision of reunification and identification services and long-term support services for such victims.

2. A board of county commissioners that establishes an electronic database pursuant to subsection 1 shall determine:

(a)The information that must be contained in the electronic database, which must include, without limitation, the information reported by a hospital or an independent center for emergency medical care pursuant to NRS 449.1887 .

(b)The form and manner in which a hospital or an independent center for emergency medical care must report the information required by NRS 449.1887 to the electronic database, which must require the information to be reported in such a form and in such a manner so as to protect the security of the information.

(c)Each person or governmental entity that may participate in the electronic database, which must include, without limitation, each person or governmental entity in the county whose duties or responsibilities include the support of carrying out emergency functions, as determined by the county emergency manager.

(d)The extent to which a person or governmental entity described in paragraph

(c)may participate in the electronic database, including, without limitation, whether the person or governmental entity may input information into the electronic database and the type of information contained in the electronic database to which the person or governmental entity has access.

3. If a board of county commissioners establishes an electronic database pursuant to subsection 1, the board of county commissioners shall implement and maintain security measures to protect the personally identifiable information contained within the database. Such security measures must:

(a)Comply with all applicable provisions of 45 C.F.R. Parts 160, 162 and 164, NRS 603A.210 and any other applicable federal and state law.

(b)Include, without limitation:

(1)The performance of vulnerability and risk assessments;

(2)The imposition of restrictions on access by a participant to the information contained in the database based on the role of the participant; and

(3)Reasonable measures for authentication, monitoring and auditing to prevent unauthorized access to the information contained in the database or misuse of that information.

4. Any information contained in an electronic database established pursuant to subsection 1 is confidential and may only be disclosed by a participant in the database as necessary for the provision of reunification and identification services and long-term support services for victims of mass casualty incidents. Except for a victim of a mass casualty incident who has provided a written authorization for his or her information to remain in the electronic database for the purpose of receiving long-term support services, all information contained in the database concerning a victim of a mass casualty incident must be deleted after all victims of the mass casualty incident have been identified and reunified.

5. An electronic database established pursuant to subsection 1 and the disclosure of information therefrom must comply with the applicable provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and the applicable regulations adopted pursuant thereto.

6. A county in which the board of county commissioners has established an electronic database pursuant to subsection 1 and any officer, employee or agent of the county are immune from civil liability for any act or omission related to the establishment or maintenance of the database not amounting to willful misconduct, gross negligence or bad faith.

7. As used in this section:

(a)“Hospital” has the meaning ascribed to it in NRS 449.012 .

(b)“Independent center for emergency medical care” has the meaning ascribed to it in NRS 449.013 .

(c)“Long-term support services” means the support services provided pursuant to NRS 217.096 , financial aid services, services which provide compensation to victims and medical or psychological services provided in a trauma-informed manner, as defined in NRS 422.2734 .

(d)“Mass casualty incident” has the meaning ascribed to the term “mass casualty event” in 34 U.S.C. § 10281(o)(1)(A).