Section 332-I:1 Medical Records; Definitions.
I. All medical information contained in the medical records in the possession of any health care provider shall be deemed to be the property of the patient. The patient shall be entitled to a copy of such records upon request. The charge for the copying of a patient's medical records shall not exceed $15 for the first 30 pages or $.50 per page, whichever is greater; provided, that copies of filmed records such as radiograms, x-rays, and sonograms shall be copied at a reasonable cost.
II. In this chapter:
(a) The following terms have the same meaning as given in the regulations under sections 262 and 264 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA):
(1) Business associate;
(2) Use;
(3) Disclosure; and
(4) Protected health information.
(b) ""Health care provider'' means any person, corporation, facility, or institution either licensed by this state or otherwise lawfully providing health care services, including, but not limited to, a physician, hospital, office, clinic, health center or other health care facility, dentist, nurse, optometrist, pharmacist, podiatrist, physical therapist, or mental health professional, and any officer, employee, or agent of such provider acting in the course and scope of employment or agency related to or supportive of health care services.
(c) ""Health information exchange'' means an entity established for the primary purpose of enabling and overseeing the exchange of protected health information for clinical decision-making purposes. The entity may operate on a regional, statewide, or multi-state basis. The entity may be developed by multiple stakeholders, including, but not limited to, the department of health and human services, a non-profit entity, or a for-profit entity. For the purpose of this chapter, ""health information exchange'' does not include entities solely owned and operated by health care providers, integrated delivery systems, or pharmacy exchanges.
(d) ""Marketing'' means:
(1) To make a communication about a product or service that encourages recipients of the communication to purchase or use the product or service, unless the communication is made by the individual's health care provider;
(A) For treatment of the individual;
(B) For case management or care coordination for the individual;
(C) To direct or recommend to the individual:
(i) Alternative treatments or therapies if recommended by the individual's health care provider;
(ii) Health care providers;
(iii) Settings of care; or
(D) For treatment-related reminders or health promotion activities by health care providers.
(2) An arrangement between a health care provider and any other person whereby the health care provider discloses protected health information to the other person, in exchange for direct or indirect remuneration, for the other person or an affiliate of the other person to make a communication about the person's own product or service that encourages recipients of the communication to purchase or use that product or service.
III. Release or use of patient identifiable medical information for the purpose of sales or marketing of services or products shall be prohibited without written authorization.
Source. 1989, 43:2. 1997, 331:11. 1998, 236:2. 2001, 85:2, eff. Aug. 18, 2001. 2004, 144:1, eff. July 23, 2004. 2006, 250:1, eff. Aug. 4, 2006. 2009, 213:5, eff. Jan. 1, 2010 at 12:01 a.m.; 318:2, eff. Jan. 1, 2010.