Codified At
Codified in scattered sections in Title 8, Title 47, Title 56, Title 63 and Title 68
Effective Date
SB 2012 ( effective 7/1/2024) and SB 0890 ( effective 7/1/2025)
Description
With respect to the amendments to Title 63
- Requires healthcare professionals who are considered business associates to comply with HIPAA and the federal Information Blocking Rule
- Prohibits a health care provider requesting a medical laboratory test from engaging in information blocking (as defined by federal law)
- This section does not apply to persons or entities licensed under Title 63 or Title 68
With respect to the amendments to Title 68
- Requires a business associate (as defined by HIPAA) to comply with the federal Information Blocking Rule
- Authorizes the State Attorney General to institute an action for injunctive relief to restrain violations of the federal Information Blocking Rule and/or to seek civil penalties
With respect to the amendments to Title 47
- Prohibits a business associate from entering into a contract with a person or entity that would restrict a patient or their representative from accessing the patient’s electronic health record
- Makes it an unlawful restraint of trade or commerce to intentionally violate federal laws relating to information blocking and subjecting such violations to the same civil and criminal penalties as a violation of Section 47-25-101
With respect to the amendments to Title 56
- Requires a health insurance entity to establish and maintain a patient access application programming interface (API), provider directory API, provider access API, payer-to-payer API, and prior authorization API in accordance with CMS interoperability standards for these APIs by the compliance date(s) set by CMS for these APIs
- Provides that the commissioner of commerce and insurance may promulgate rules to implement these requirements
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