State and Federal Health Information Exchange Laws
Pritts, J., et al., Privacy and Security Solutions for Interoperable Health Information Exchange: Report on State Law Requirements for Patient Permission to Disclose Health Information, August 2009. Available at: http://www.healthit.hhs.gov/portal/server.pt/gatewav/PTARGS_0_10741_910326_0_0_18/DisclosureReport.pdf.
Electronic Release of Clinical Laboratory Results: A Review of State and Federal Policy. Prepared for California HealthCare Foundation, January, 2010. Available at: http://www.chcf.org/topics/download.cfm?pg=policy&fn=ElectronicLabResultsExchangePolicy%2Epdf&pid=513239&itemid=134157.
Clinical Laboratory Improvement Amendments (CLISA) Survey of 50 State Agency Contacts avaliable at http://www.cms.hhs.gov/CLIA/downloads/CLIA.SA.pdf.
Consumer Consent Options for Electronic Health Information Exchange: Policy Considerations and Analysis. Prepared for Office of Policy and Planning
Office of the National Coordinator for Health IT avaliable at http://healthit.hhs.gov/portal/server.pt/gateway/PTARGS_0_11673_911197_0_0_18/ChoiceModelFinal032610.pdf (
Appendix A: State Model Table; Appendix B: State Law Table; Appendix C: Other Countries).
Policy Strategies for Advancing Interstate Health Information Exchange prepared by State Alliance for e-Health (October 2009)(most significant obstacles to interstate health information exchange (HIE) are differences between state laws).
NHIN pilot program Data Use and Reciprocal Support Agreement (DURSA) consent requirements, an explanation of the requirement in the official ONC DURSA is available here. NHIN pilot programs may include one or more data sharing agreements that may impose further obligations on a participant.