36-3809. Health care providers; duty to maintain medical records; civil immunity

A. A health care provider participating in a health information organization is responsible for maintaining the provider's own medical records pursuant to title 12, chapter 13, article 7.1.

B. Participation in a health information organization does not impact the content, use or disclosure of medical records or information contained in medical records that are held in locations other than the health information organization.

C. This chapter does not limit, change or otherwise affect a health care provider's right or duty to exchange medical records or information contained in medical records in accordance with applicable law.

D. A health information organization is not liable for damages in any civil action for any of the following:

1. Inaccurate or incomplete health information that is provided by third parties and that is accessible through the health information organization.

2. Another person's use or disclosure of health information through the health information organization.

3. The use or disclosure of health information that is made in good faith pursuant to this article or as otherwise provided by law. The health information organization is presumed to have acted in good faith. This presumption may be rebutted by clear and convincing evidence.

E. Subsection D of this section does not preclude liability for that portion of any damages resulting from intentional misconduct or gross negligence by a health information organization.