Opioid Safety: Balancing Benefits and Risks _ _____________________________________________________
(8) The department, or the statewide health information exchange described in section 71-2455, in accordance with policies adopted by the Health Information Tech- nology Board and in collaboration with the depart- ment, may release to patients their prescription drug information collected pursuant to this section. Upon request of the patient, such information may be released directly to the patient or a personal health record system designated by the patient which has privacy protections at least as restrictive as those set forth in this section and that has implemented and maintains the minimum safeguards required by subsection (6) of this section. (9) In accordance with the privacy and security provisions set forth in the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder, the depart- ment, or the statewide health information exchange described in section 71-2455 under policies adopted by the Health Information Technology Board, may release data collected pursuant to this section for statistical, public research, public policy, or educational purposes after removing information which identifies or could reasonably be used to identify the patient, prescriber, dispenser, or other person who is the subject of the in- formation, except as otherwise provided in subsection (10) of this section. (10) In accordance with the privacy and security provisions set forth in the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder, the department, or statewide health information exchange described in sec- tion HYPERLINK “https://www.nebraskalegislature. gov/laws/statutes.php?statute=71-2455” 71-2455 under policies adopted by the Health Information Technology Board, may release data collected pursuant to this sec- tion for quality measures as approved or regulated by state or federal agencies or for patient quality improve- ment or research initiatives approved by the Health In- formation Technology Board. (11) The statewide health information exchange described in section 71-2455, entities described in subsection (7) of this section, or the department may request and re- ceive program information from other prescription drug monitoring programs for use in the prescription drug monitoring system in this state in accordance with the privacy and security provisions set forth in the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder.
(12) The statewide health information exchange described in section 71-2455, in collaboration with the department, shall implement technological improvements to facili- tate the secure collection of, and access to, prescription drug information in accordance with this section. (13) Before accessing the prescription drug monitoring sys- tem, any user shall undergo training on the purpose of the system, access to and proper usage of the system, and the law relating to the system, including confidentiality and security of the prescription drug monitoring system. Such training shall be administered by the statewide health information exchange described in section 71- 2455 or the department. The statewide health informa- tion exchange described in section 71-2455 shall have access to the prescription drug monitoring system for training, operations, maintenance, and administrative purposes. Users who have been trained prior to May 10, 2017, or who are granted access by an entity receiving prescription drug information pursuant to subsection (7) of this section, are deemed to be in compliance with the training requirement of this subsection. NEBRASKA REVISED STATUTE 71-2455 Prescription drug monitoring; Department of Health and Human Services; powers and duties; Health Information Technology Board; administration. Subject to sections 81-6,127 and 81-6,128, the Department of Health and Human Services, in collaboration with the Nebraska Health Information Initiative or any successor public- private statewide health information exchange, shall enhance or establish technology for prescription drug monitoring to carry out the purposes of section 71-2454. The department may use state funds and accept grants, gifts, or other funds in order to implement and operate the technology. The depart- ment may adopt and promulgate rules and regulations to authorize use of electronic health information, if necessary to carry out the purposes of sections 71-2454 and 71-2455. The department shall contract with the statewide health informa- tion exchange for the administration of the Health Information Technology Board, and such contract shall specify that the health information exchange is responsible for the administra- tion of the Health Information Technology Board, including, but not limited to, providing meeting notices, recording and distributing meeting minutes, administrative tasks related to the same, and funding such activities. The contract shall also include provisions for the statewide health information exchange to reimburse the expenses of the members of the board pursuant to subsection (5) of section 81-6,127. Such reimbursement shall be paid using a process essentially simi- lar to sections 81-1174 to 81-1177. No state funds, including General Funds, cash funds, and federal funds, shall be used to carry out the administrative duties of the Health Information Technology Board nor for reimbursement of the expenses of the board members.
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