2021 North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations
Article 29B - Statewide Health Information Exchange Act.
§ 90-414.10 - Continuing right to opt out; effect of opt out.
90-414.10. Continuing right to opt out; effect of opt out.
(a) Each individual has the right on a continuing basis to opt out or rescind a decision to opt out.
(b) The Authority or its designee shall enforce an individual's decision to opt out or rescind an opt out prospectively from the date the Authority or its designee receives written notice of the individual's decision to opt out or rescind an opt out in the manner prescribed by the Authority. An individual's decision to opt out or rescind an opt out does not affect any disclosures made by the Authority or covered entities through the HIE Network prior to receipt by the Authority or its designee of the individual's written notice to opt out or rescind an opt out.
(c) A covered entity shall not deny treatment, coverage, or benefits to an individual because of the individual's decision to opt out. However, nothing in this Article is intended to restrict a health care provider from otherwise appropriately terminating a relationship with an individual in accordance with applicable law and professional ethical standards.
(d) Except as otherwise permitted in G.S. 90-414.11(a)(3), or as required by law, the protected health information of an individual who has exercised the right to opt out may not be made accessible or disclosed to covered entities or any other person or entity through the HIE Network for any purpose.
(e) Repealed by Session Laws 2017-57, s. 11A.5(e), effective July 1, 2017.
(2015-241, s. 12A.5(d); 2017-57, s. 11A.5(e); 2019-23, s. 2.)
