Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-28-3 - The Health Information Exchange3.1. The Network shall establish an interoperable statewide network for the disclosure and use of protected health information by and between participating organizations to improve the efficiency, quality, and integration of health care delivery, and to improve health care outcomes, all of which shall be considered to be in the best interests of patients pursuant to West Virginia Code § 16-29G-8. Protected Health Information may be disclosed and used through the health information exchange unless and until the patient has expressed an affirmative choice to opt-out.3.2. The Network shall maintain the privacy and security of the health information exchange in accordance with all applicable federal and state laws or rules, or regulations, including but not limited to, HIPAA, the HIPAA privacy rules, the HIPAA security rules, and the HITECH Act. This privacy and security shall apply not only to protected health information being exchanged through the Network, but shall also apply to any protected health information maintained by the Network in its master patient index or otherwise.3.3. There may be two types of protected health information transactions recognized by the Network's health information exchange.3.3.a. One type may involve the submission of an inquiry by one participating organization seeking the disclosure of available protected health information on a particular patient from all other participating organizations, such as an inquiry for treatment purposes; and3.3.b. The other type may involve the point-to-point disclosure of protected health information between two (2) participating organizations, such as in payment, clinical messaging, or public health reporting.3.4. Both an inquiry and a point-to-point transaction submitted by a participating organization shall designate a permissible purpose for which protected health information may be disclosed and used.3.5. The Network shall not sell protected health information to third parties for marketing or other commercial purposes without the prior written authorization of the affected patient.3.6. The secure messaging service offered by the Network known as WVDirect is a separate and distinct service from the Network's health information exchange.