______________________________________________________ Opioid Safety: Balancing Benefits and Risks
(6) The statewide health information exchange described in section 71-2455, in accordance with policies adopted by the Health Information Technology Board and in collaboration with the department, shall establish the minimum administrative, physical, and technical safe- guards necessary to protect the confidentiality, integrity, and availability of prescription drug information. (7) If the entity receiving the prescription drug information has privacy protections at least as restrictive as those set forth in this section and has implemented and main- tains the minimum safeguards required by subsection (6) of this section, the statewide health information ex- change described in section 71-2455, in accordance with policies adopted by the Health Information Technology Board and in collaboration with the department, may release the prescription drug information and any other datacollected pursuant to this section to: (a) Other state prescription drug monitoring programs; (b) State and regional health information exchanges; (c) The medical director and pharmacy director of the Division of Medicaid and Long-Term Care of the department, or their designees; (d) The medical directors and pharmacy directors of Medicaid-managed care entities, the state’s Med- icaid drug utilization review board, and any other state-administered health insurance program or its designee if any such entities have a current data- sharing agreement with the statewide health infor- mation exchange described in section 71-2455, and if such release is in accordance with the privacy and security provisions of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and all regulations promulgated there- under; (e) Organizations which facilitate the interoperability and mutual exchange of information among state prescription drug monitoring programs or state or regional health information exchanges; or (f) Electronic health record systems or pharmacy- dispensing software systems for the purpose of in- tegrating prescription drug information into a pa- tient’s medical record.
(e) The date the prescription is written and the date the prescription is filled; (f) The number of refills authorized, if any; and (g) The quantity of the prescription drug and the num- ber of days’ supply. (5) (a) All prescription drug information submitted pur- suant to this section, all data contained in the pre- scription drug monitoring system, and any report obtained from data contained in the prescription drug monitoring system are confidential, are privi- leged, are not public records, and may be withheld pursuant to section 84-712.05 except for informa- tion released as provided insubsection (9) or (10) of this section. (b) No patient-identifying data as defined in section 81- 664, including the data collected under subsection (3) of this section, shall be disclosed, made public, or released to any public or private person or entity except to the statewide health information exchange described in section 71-2455 and its participants, to prescribers and dispensers as provided in subsection (2) of this section, or as provided in subsection (7), (9), or (10) of this section. (c) All other data is for the confidential use of the department and the statewide health information exchange described in section 71-2455 and its par- ticipants. The department, or the statewide health information exchange in accordance with policies adopted by the Health Information Technology Board and in collaboration with the department, may release such information in accordance with the privacy and security provisions set forth in the federal Health Insurance Portability and Account- ability Act of 1996, Public Law 104-191, and regula- tions promulgated thereunder, as Class I, Class II, or Class IV data in accordance with section 81-667, except for purposes in accordance with subsection (9) or (10) of this section, to the private or public persons or entities that the department or the state- wide health information exchange, in accordance with policies adopted by the Health Information Technology Board, determines may view such re- cords as provided in sections 81-663 to 81-675. In addition, the department, or the statewide health information exchange in accordance with policies adopted by the Health Information Technology Board and in collaboration with the department, may release such information as provided in subsec- tion (9) or (10) of this section.
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MDNE1526
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