Existing law prescribes various requirements governing health information technology and the electronic maintenance, transmittal and exchange of electronic health records and certain other electronic health information. (NRS 439.581-439.597) Upon the request of a person who is authorized to request a copy of health records that are maintained electronically, existing law requires a custodian of health care records to electronically transmit a copy of the health records to any person or entity for a fee. (NRS 629.062) Section 3 of this bill provides that the electronic health records of a patient are the property of the patient and requires a health care provider to allow a patient to: (1) access and forward his or her electronic health records without a fee or charge; and (2) request that his or her electronic health records be forwarded to any other person or entity in accordance with existing law. Section 8 of this bill makes a conforming change to remove a requirement that the Director of the Department of Health and Human Services adopt regulations governing the ownership of electronic health records because section 3 establishes that such records are the property of the patient. With certain exceptions, existing law requires a health care provider, health insurer, health insurance administrator and certain other entities to authorize a person to opt out of having his or her individually identifiable health information disclosed electronically to health care providers, insurers and certain other entities. (NRS 439.597) Section 10 of this bill requires those persons and entities to allow a patient to prohibit any person or entity from accessing his or her individually identifiable health information, with similar exceptions. Section 5 of this bill makes a violation of section 3 or 10, or any regulations adopted to carry out those sections, a misdemeanor. A health care provider, health insurer or health insurance administrator that commits such a violation would also be subject to administrative sanctions. (NRS 439.589, 439.5895, 449.167, 450B.215, 629.051, 680A.225, 683A.0891, 695C.329) Existing law requires the Director to adopt regulations that prescribe a framework for the electronic maintenance, transmittal and exchange of electronic health records, prescriptions, health-related information and electronic signatures. Existing law requires state and local governmental entities, health care providers and insurers and certain related entities to maintain, transmit and exchange health information in accordance with that framework, with certain exceptions. (NRS 439.589) Existing law establishes that physician group practices and other business entities organized for the purpose of practicing a health care profession with 20 or fewer employees are not required to comply with those provisions until January 1, 2030. (Section 2.8 of chapter 278, Statutes of Nevada 2023, at page 1859) Section 4 of this bill requires the Director to: (1) establish a statewide electronic health repository for storing the electronic health records of all patients in this State; and (2) adopt regulations to establish a standardized procedure for collecting information from patients and entering the information into the computerized system that serves as a platform for the repository. Section 2 of this bill defines the term “electronic health repository.” Sections 4 and 11 of this bill provide that electronic health records in the statewide electronic health repository are confidential, with certain exceptions. Section 8 requires each health care provider in this State that is not exempt from the requirement to maintain, transmit and exchange electronic health records to: (1) integrate the system used by the health care provider for the maintenance, transmittal and exchange of health information with the statewide electronic health repository; and (2) comply with the standardized procedure established by the Director for collecting patient information and entering patient information into the repository. Section 15 of this bill makes a conforming change related to the requirement for electronic health care records to be integrated into the statewide electronic health repository. Section 17 of this bill establishes that physician group practices and other business entities organized for the purpose of practicing a health care profession with 20 or fewer employees are not required to comply with the requirements of section 8 until January 1, 2030. A health care provider who fails to comply with those requirements would be subject to administrative sanctions but would not be guilty of a misdemeanor. (NRS 439.589, 439.5895, 449.167, 450B.215, 629.051) Sections 5, 7, 9, 10, 12-14 and 16 of this bill make conforming changes to: (1) clarify the applicability of sections 3 and 4 and certain provisions of existing law; and (2) indicate the proper placement of sections 2-4 in the Nevada Revised Statutes.

Statutes affected:
As Introduced: 439.580, 439.581, 439.588, 439.589, 439.593, 439.597, 239.010, 287.010, 287.04335, 603A.100, 629.051, 719.200
BDR: 439.580, 439.581, 439.588, 439.589, 439.593, 439.597, 239.010, 287.010, 287.04335, 603A.100, 629.051, 719.200