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7 AAC 166.050. Opt-out provisions. (a) An individual may opt out of an HIE. If an individual opts out of an HIE, the HIE shall remove all of that individual’s electronic health information from the HIE. (b) The HIE system’s procedures for opting out of an HIE must include procedures for

(1) preventing storage of an individual’s electronic health information after the date the individual opts out, except as required by law;

(2) allowing disclosure of individually identifiable health information for emergency treatment purposes in the case of a medical emergency, if an individual has opted out but authorized disclosure for treatment purposes in a medical emergency;

(3) destroying, or securing against unauthorized access to, an individual’s electronic health information once an individual opts out;

(4) training health care workers and HIE staff responsible for processing an individual’s request to opt out;

(5) notifying an individual if an HIE discloses an individual’s electronic health information after that individual opts out of an HIE; and

(6) including authorizations and opt-out elections on an HIE. (c) The governing body shall ensure that the following information is easily accessible on the governing body’s Internet website:

(1) a description of how and where to opt out of an HIE;

(2) a description of how and where to opt back into an HIE after an individual has opted out of that HIE. (d) An HIE participant shall document an individual’s request to opt out and forward that request to the governing body. The governing body shall ensure that the request is processed. An HIE shall make any patient opt-out required under this section available on the HIE. Electronic health information may be stored on an HIE before the HIE obtains an opt-out request from an individual but may not be disclosed after an individual opts out, except as required by law. (e) A health care provider may not deny an individual treatment and a health plan may not deny an individual an insurance benefit based solely on the provider’s or individual’s decision not to participate in an HIE. (Eff. 3/22/2014, Register 209) Statutory Authority: