W. Va. Code R. § 65-28-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-28-7 - Sensitive Health Information
7.1. Federal and state laws impose heightened privacy and confidentiality requirements upon the disclosure and use of certain types of protected health information that may be considered particularly private or sensitive to a patient. The categories of sensitive health information may include:
7.1.a. Drug or alcohol abuse information;
7.1.b. Mental health information;
7.1.c. Psychotherapy notes;
7.1.d. Out-of-pocket goods and services;
7.1.e. Patient restricted information; and
7.1.f. Any other goods and services subject to heightened privacy and confidentiality requirements under federal and state laws, rules, or regulations and specifically approved by the Network.
7.2. The Network shall provide a method by which participating organizations and data suppliers may identify, classify, segregate, and block the routine disclosure of sensitive health information through the health information exchange. Each participating organization and data supplier is solely responsible for identifying, classifying, segregating, and blocking the disclosure of sensitive health information contained in its designated record sets through the health information exchange.
7.3. The Network may develop written standards, forms, or protocols by which a patient may specifically authorize the disclosure of his or her sensitive health information consistent with all legal requirements. These standards, forms, and protocols may be established either as part of or separate from the health information exchange.

W. Va. Code R. § 65-28-7