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Enforcement Authority for Privacy and Security Violations in the NC HIE

This meeting will review and discuss the draft legislative text regarding potential enforcement authority for privacy and security violations in the NC HIE. The agenda will include a discussion on penalties and attorneys' fees for violations. Attendees can join in-person or via dial-in.

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Enforcement Authority for Privacy and Security Violations in the NC HIE

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  1. Date: November 19, 2010 Time: 1:00 pm – 3:00 pm Location: NC Hospital Association 2400 Weston Parkway, Cary, NC 27513 Dial in: 1-866-922-3257 Participant Code: 654 032 36#

  2. Agenda 2

  3. Review and Discuss Draft Legislative Text • See separate Attachment

  4. Potential Enforcement Authority for Privacy and Security Violations Involving Exchange of Information Through the NC HIE 4

  5. Rhode Island HIE Act of 2008 “Penalties – Attorneys’ fees for violations. – (a) Civil penalties. Anyone who violates the provisions of this chapter may be held liable for actual and exemplary damages. (b) Criminal penalties. Anyone who intentionally and knowingly violates the provisions of this chapter shall, upon conviction, be fined not more than ten thousand dollars ($10,000) per patient, per violation, or imprisoned for not more than one year, or both. (c) Commission of crime. The civil and criminal penalties in this section shall also be applicable to anyone who obtains confidential health care information maintained under the provisions of this chapter through the commission of a crime. (d) Attorneys’ fees. Attorney’s fees may be awarded at the discretion of the court to the successful party in any action under this chapter.”

  6. Minnesota Health Records Act includes penalties for violation of statutory provisions related specifically to Record Locator Services “Subd. 3 Liability for Record Locator Service: A patient is entitled to receive compensatory damages plus costs and reasonable attorney fees if a health information exchange maintaining a record locator service, or an entity maintaining a record locator service for a health information exchange, negligently or intentionally violates the provisions of section 144.293, subdivision 8.”

  7. Next Steps • Upcoming Meetings • December 10, 2010 • Questions or Comments? • Contact: nc.hie@healthwellnc.com 7

  8. Open Public Comment 200054650.2 8

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