NRS439.538. Electronic transmission of health information: Exemption from state law concerning privacy or confidentiality of certain health information; ability of person to opt out of electronic disclosure of certain health information.

      1.  If a covered entity transmits electronically individually identifiable health information in compliance with the provisions of:

      (a) The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191; and

      (b) NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto,

Ê which govern the electronic transmission of such information, the covered entity is, for purposes of the electronic transmission, exempt from any state law that contains more stringent requirements or provisions concerning the privacy or confidentiality of individually identifiable health information.

      2.  A covered entity that makes individually identifiable health information available electronically pursuant to subsection 1 shall allow any person to opt out of having his or her individually identifiable health information disclosed electronically to other covered entities, except:

      (a) As required by the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

      (b) As otherwise required by a state law.

      (c) That a person who is a recipient of Medicaid or insurance pursuant to the Children’s Health Insurance Program may not opt out of having his or her individually identifiable health information disclosed electronically.

      3.  As used in this section, “covered entity” has the meaning ascribed to it in 45 C.F.R. § 160.103.

      (Added to NRS by 2007, 1977; A 2011, 1759)