CHAPTER 332-I MEDICAL RECORDS, PATIENT INFORMATION, AND THE HEALTH INFORMATION ORGANIZATION CORPORATION
Section 332-I:1
332-I:1 Medical Records; Definitions. –
I. All medical information contained in the medical records in the possession of any health care provider shall be deemed to be the property of the patient. The patient shall be entitled to a copy of such records upon request. The charge for the copying of a patient's medical records shall not exceed $15 for the first 30 pages or $.50 per page, whichever is greater; provided, that copies of filmed records such as radiograms, x-rays, and sonograms shall be copied at a reasonable cost.
II. In this chapter:
(a) The following terms have the same meaning as given in the regulations under sections 262 and 264 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA):
(1) Business associate;
(2) Use;
(3) Disclosure; and
(4) Protected health information.
(b) "Health care provider" means any person, corporation, facility, or institution either licensed by this state or otherwise lawfully providing health care services, including, but not limited to, a physician, advanced practice registered nurse, physician assistant, hospital, office, clinic, health center or other health care facility, dentist, nurse, optometrist, pharmacist, podiatrist, physical therapist, mental health professional, care coordinator, managed care provider, or the department of health and human services, and any officer, employee, or agent of such provider acting in the course and scope of employment or agency related to or supportive of health care services.
(c) [Repealed.]
(d) "Marketing" means:
(1) To make a communication about a product or service that encourages recipients of the communication to purchase or use the product or service, unless the communication is made by the individual's health care provider;
(A) For treatment of the individual;
(B) For case management or care coordination for the individual;
(C) To direct or recommend to the individual:
(i) Alternative treatments or therapies if recommended by the individual's health care provider;
(ii) Health care providers;
(iii) Settings of care; or
(D) For treatment-related reminders or health promotion activities by health care providers.
(2) An arrangement between a health care provider and any other person whereby the health care provider discloses protected health information to the other person, in exchange for direct or indirect remuneration, for the other person or an affiliate of the other person to make a communication about the person's own product or service that encourages recipients of the communication to purchase or use that product or service.
(e) "Audit trail" means a chronological record identifying specific persons who have accessed an electronic medical record, the date and time the record was accessed, and, if such information is available, the area of the record that was accessed. An audit trail shall not be considered a part of a person's medical care.
(f) "Individual" means the subject of the protected health information, including a guardian or other legal representative.
(g) [Repealed.]
(h) [Repealed.]
III. Release or use of patient identifiable medical information for the purpose of sales or marketing of services or products shall be prohibited without written authorization.