North Carolina General Statutes 90-414.6. State ownership of HIE Network data
Terms Used In North Carolina General Statutes 90-414.6
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
Any data pertaining to services rendered to Medicaid and other State-funded health care program beneficiaries submitted through and stored by the HIE Network pursuant to N.C. Gen. Stat. § 90-414.4 or any other provision of this Article shall be and will remain the sole property of the State. Any data or product derived from the aggregated, de-identified data submitted to and stored by the HIE Network pursuant to N.C. Gen. Stat. § 90-414.4 or any other provision of this Article, shall be and will remain the sole property of the State. The Authority shall not allow data it receives pursuant to N.C. Gen. Stat. § 90-414.4 or any other provision of this Article to be used or disclosed by or to any person or entity for commercial purposes or for any other purpose other than those set forth in N.C. Gen. Stat. § 90-414.4(a) or N.C. Gen. Stat. § 90-414.2 To the extent the Authority receives requests for electronic health information as the term is defined in 45 C.F.R. § 171.102, or other medical records from an individual, an individual’s personal representative, or an individual or entity purporting to act on an individual’s behalf, the Authority (i) shall not fulfill the request and (ii) shall make available to the requester and the public, via the Authority’s website, educational materials about how to access such information from other sources. (2015-241, s. 12A.5(d); 2021-26, s. 6.)