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NC HIE Legal/Policy Workgroup

NC HIE Legal/Policy Workgroup. Legal Subcommittee Meeting June 8, 2010. Meeting plan. Overview of draft documents (Moore) Discuss and propose revisions to draft documents (Subcommittee) Discussion of next steps (Subcommittee): Plan for revising documents to reflect committee discussion

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NC HIE Legal/Policy Workgroup

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  1. NC HIE Legal/Policy Workgroup Legal Subcommittee Meeting June 8, 2010

  2. Meeting plan • Overview of draft documents (Moore) • Discuss and propose revisions to draft documents (Subcommittee) • Discussion of next steps (Subcommittee): • Plan for revising documents to reflect committee discussion • Preparation of summary information for use by policy subcommittee in considering consent policy options.

  3. Identifying laws for analysis • Initial scope: • NC statutes addressing consent to disclose patient information for treatment purposes (broadly defined) • Focus on particular categories: provider types, sensitive information • Initial sources: • NCHICA’s HIPAA preemption analysis (Dec. 2001) • UNC SOG legislative summaries from 2002-2008 • NC HISPC materials • Preliminary* Westlaw searches (terms based on RTI’s Aug. 2009 “Report on State Law Requirements for Patient Permission to Disclose Health Information”)

  4. Preparing first draft of analysis • Reviewed statutes and made initial determination of whether consent to disclose for treatment purposes was addressed. Resulted in 18 statutes for initial analysis. • Prepared table describing elements of each: • Entities covered • Information covered • Consent required to disclose for treatment purposes? • Exceptions to consent related to treatment • Consent form • Included column for additional comments

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