Section 1407-C - Consent and confidentiality of health information.(a)Construction.-- (1) Nothing under this article shall be construed to prohibit a health care provider or payer from obtaining and storing a patient's health records in electronic form or exchanging health information with another health care provider or payer in accordance with Federal or State law other than this article.(2) Nothing under this article shall supersede or limit any other law which requires additional consent to the release of health information or otherwise establishes greater restrictions or limitations on the release of health information.(b)Consent.--The department shall publish a consent form including notice of a patient's ability to decline to allow exchange of the patient's electronic health information in the health information exchange. The notice shall include, at a minimum and in plain language, the following information: (1) Definition of a health information exchange.(2) Explanation of the benefits of participation in the health information exchange.(3) Explanation of the limits of the patient's ability to decline the release or exchange of the patient's health information with the health information exchange.(4) Explanation of the manner in which the health information exchange will address privacy issues.(5) Explanation of the manner in which an individual may decline to participate in the health information exchange.(c)Opt-out registry.-- (1) In order to decline participation in the health information exchange, a patient must sign and date a form declining participation. If appropriate, the signature must be witnessed by the patient's representative. Copies of the completed form shall be sent by the provider within five business days to the department to be included in an opt-out registry.(2) After receipt of the form, the department shall within five business days notify health information organizations that the patient has not authorized the release of the health information through the health information exchange.(3) Once the patient is included in the opt-out registry, the department shall notify the patient. The notification shall include a copy of the completed form signed by the patient or electronic notification to the patient.(4) The patient alone shall decide to opt out of the health information exchange.(d) Disclosure.-- (1) The department may not disclose, without prior written consent of the patient, any health information that the department or the department's employees, agents or contractors retain under this article, or to which the department or the department's agents or contractors have access or any other health records maintained or accessible by the department under this article, to any person who is not an authorized employee, agent or contractor of the department, except as required or permitted by law.(2) Sharing health information among participants in the health information exchange shall not be considered a disclosure under paragraph (1).(3) Violations of this subsection: (i) shall subject employees, agents and contractors to administrative discipline, including discharge and suspension; and(ii) shall subject contractors to monetary penalties or contract revocation or suspension.(e)Construction.--Nothing under this article may be construed to alter a proprietary interest held by a participant in a record, data or information released, accepted or included in the health information exchange, except that the paperwork approved by the department may require participants to license the interests by contract in order to allow for the free flow of information. Added by P.L. TBD 2016 No. 76, § 10, eff. 7/8/2016.