36-3801. Definitions

In this chapter, unless the context otherwise requires:

1. " Breach" has the same meaning prescribed in 45 Code of Federal Regulations, part 164, subpart D.

2. " De-identified health information" has the same meaning as described in 45 Code of Federal Regulations section 164.514.

3. " Health care decision maker" has the same meaning prescribed in section 12-2291.

4. " Health care provider" has the same meaning prescribed in section 12-2291.

5. " Health information organization" means an organization that oversees and governs the exchange of individually identifiable health information among organizations according to nationally recognized standards. Health information organization does not include:

(a) A health care provider or an electronic health record maintained by or on behalf of a health care provider.

(b) Entities that are subject to title 20 or that are health plans as defined in 45 Code of Federal Regulations section 160.103.

(c) The exchange of individually identifiable health information directly between health care providers without a separate organization governing that exchange.

6. " Individual" :

(a) Means the person who is the subject of the individually identifiable health information.

(b) Does not include an inmate as defined under the health insurance portability and accountability act privacy standards prescribed in 45 Code of Federal Regulations section 164.501.

7. " Individually identifiable health information" has the same meaning prescribed in the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E).

8. " Medical records" has the same meaning prescribed in section 12-2291.

9. " Opt out" means an individual's written decision that the individual's individually identifiable health information cannot be shared through a health information organization.

10. " Participation" or " participating" , with respect to a health information organization, means providing or accessing individually identifiable health information in the manner provided in the health information organization's policies.

11. " Person" has the same meaning prescribed in section 1-215.

12. " Written" means in handwriting or through an electronic transaction that meets the requirements of title 44, chapter 26.