NRS439.588. Establishment or designation of governing entity; duties and authorized act of governing entity; meetings of governing body of governing entity; regulations for certification as health information exchange.

      1.  The Director shall establish or contract with not more than one nonprofit entity to govern the statewide health information exchange system. The Director shall by regulation prescribe the requirements for that governing entity.

      2.  The governing entity established or contracted with pursuant to this section:

      (a) Must comply with all federal and state laws governing such entities and health information exchanges.

      (b) Must have a governing body which complies with all relevant requirements of federal law and which consists of representatives of health care providers, insurers, patients, employers and others who represent interests related to electronic health records and health information exchanges.

      (c) Shall oversee and govern the exchange of electronic health records and health-related information within the statewide health information exchange system.

      (d) May, with the approval of the Director, hire or contract with a public or private entity to administer the statewide health information exchange system.

      (e) May enter into contracts with any health information exchange which is certified by the Director pursuant to subsection 4 to participate in the statewide health information exchange system. The governing entity shall not enter into a contract with a health information exchange that is not certified.

      (f) Is accountable to the Director, in his or her capacity as the state authority for health information technology, for carrying out the provisions of a contract entered into pursuant to this section.

      (g) May apply for and accept available gifts, grants and donations for the support of the governing entity and the statewide health information exchange system.

      3.  The governing body of the governing entity shall hold public meetings at such times as required by the Director. Such meetings must be conducted in accordance with the provisions of chapter 241 of NRS.

      4.  The Director shall by regulation establish the manner in which a health information exchange may apply for certification and the requirements for granting such certification, which must include, without limitation, that the health information exchange demonstrate its financial and operational sustainability.

      (Added to NRS by 2011, 1755)