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Current as of January 01, 2024 | Updated by Findlaw Staff
1. As used in this section:
a. “Health information organization” means the health information exchange created under chapter 54-59.
b. “Individually identifiable health information” has the meaning set forth in title 45, Code of Federal Regulations, section 160.103.
2. An individual may opt-out of participating in the health information organization by providing notice to the organization. If an individual chooses to opt-out of participating in the health information organization, the individual's individually identifiable health information may not be accessed by search by a health insurer, government health plan, or health care provider other than the provider who originally created or ordered the creation of the individually identifiable health information.
3. In opting out of participating in the health information organization under this section, the individual must have the option of:
a. Opting out of participating; or
b. Conditionally opting out, in which case the accessibility of the individual's individually identifiable health information is limited to access by a health care provider who determines access is required by a medical emergency.
4. An individual's decision to opt-out of participating in the health information organization:
a. May be changed at any time by the individual by providing written notice to the health information organization.
b. Does not prohibit use or disclosure of individually identifiable health information which is required by law.
5. A health care provider, health insurer, or government health plan may not withhold coverage or care from an individual nor may a health insurer deny an individual a health insurance benefit plan based solely on that individual's choice to participate or to opt-out of the health information organization.
Cite this article: FindLaw.com - North Dakota Century Code Title 23. Health and Safety § 23-12-19. Voluntary participation in the health information organization--Prohibition on withholding care or benefits - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-23-health-and-safety/nd-cent-code-sect-23-12-19/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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