ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	Senate: HHS DP 7-1-0-0 | 3^rd Read DPA 16-12-2-0

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SB 1167: health information organizations; confidentiality; data

Sponsor: Senator Shope, LD 8

Caucus & COW

Overview

Allows the state's official health information exchange organization to use information received only for the purposes allowed by the federal Health Insurance Portability and Accountability Act (HIPAA).

History

A health information organization oversees and governs the exchange of individually identifiable health information according to nationally recognized standards (A.R.S. § 36-3801).

Enacted in 1996, HIPAA requires the Secretary of the U.S. Department of Health and Human Services (U.S. HHS) to publish standards for the electronic exchange, privacy and security of health information. In 2002, U.S. HHS developed the Privacy Rule to protect all individually identifiable health information, including demographic data that relates to: 1) the individual’s health condition; 2) the provision of health care to the individual; and 3) payment for the provision of health care.

Protected information under the Privacy Rule may be disclosed, without the individual’s authorization, for purposes including: 1) treatment, payment and health care operation activities; 2) public interest and benefit activities; and 3) limited data set for the purposes of research, public health or health care operations (U.S. HHS).

Provisions

1. Permits the Department of Health Services approved nonprofit health information organization to receive, use and redisclose confidential child immunization information only for the purposes allowed by HIPAA, regardless of whether the information is maintained by or for a covered entity or business associate. (Sec. 1)

2. Prohibits the state's official health information exchange organization from disclosing or identifying information from the childhood immunization reporting system to a federal vaccine database or for any purpose that serves to discriminate against individuals based on their vaccination status. (Sec. 1)

3. States that the health information organization may receive, use and redisclose communicable disease related information only for the purposes allowed by HIPAA, regardless of whether the information is being maintained by or for a covered entity or business associate. (Sec. 2)

4. Makes technical and conforming changes. (Sec. 1-2)

5. Contains an emergency clause that was not enacted in the Senate. (Sec. 3)

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9.                   SB 1167

10. Initials AF/MR       Page 0 Caucus & COW

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