NRS439.591. Patient not required to participate in health information exchange; notification to patient of breach of confidentiality of electronic health records or health information exchange; patient access to electronic health records.

      1.  Except as otherwise provided in subsection 2 of NRS 439.538, a patient must not be required to participate in a health information exchange. Before a patient’s health care records may be transmitted electronically or included in a health information exchange, the patient must be fully informed and consent, in the manner prescribed by the Director, to the transmittal or inclusion.

      2.  A patient must be notified in the manner prescribed by the Director of any breach of the confidentiality of electronic health records of the patient or a health information exchange.

      3.  A patient who consents to the inclusion of his or her electronic health record in a health information exchange may at any time request access to his or her electronic health record in accordance with the provisions of 45 C.F.R. § 164.526.

      (Added to NRS by 2011, 1759)