KHIE Participant Responsiblities - Required Notices

Per KHIE Policies and Procedures P&P 02 - Patient Notice and Restrictions on Access:

1. A Participant that is required under 45 C.F.R. 164.520 to maintain a Notice of Privacy Practices ("NPP") shall revise the NPP provided in the State of Kansas at least thirty (30) days prior to the Participant's "go live" date with an approved HIO to include a provision substantially similar to the notice [options provided on this website] (as may be revised by KHIE from time to time) ("Notice"). A Participant that has engaged in health information exchange through an HIO prior to that HIO receiving its Certificate of Authority from KHIE shall revise its NPP by a date to be established and publicly announced by KHIE.

2. Because inclusion of the Notice constitutes a significant revision of a Participant's NPP, a Participant that is a health plan must comply with the specific requirements of 45 C.F.R. 164.520(c)(1) and a Participant that is a health care provider must comply with the specific requirements of 45 C.F.R. 164.520(c)(2) with respect to providing the revised NPP in the State of Kansas.

3. A Participant shall not permit an approved HIO access to an individual's PHI through an interface with the Participant's EHR (or otherwise) unless and until the Participant has knowledge that the individual has received the Notice from the Participant or through another source.

4. A Participant that is a health care provider that maintains a physical service delivery site or sites in Kansas shall display a notice substantially similar to the notice [sample provided on this website] (as may be updated by KHIE from time to time) ("Poster") at such delivery site or sites in a clear and prominent location where it is reasonable to expect an individual seeking goods or services from the Participant will have an opportunity to read the Poster. Such Participant shall display the Poster at least thirty (30) days prior to the Participant's approved HIO "go live" date or, if such Participant has engaged in health information exchange through an HIO prior to that HIO receiving its Certificate of Authority from KHIE, that Participant shall display the Poster by a date to be established and publicly announced by KHIE. If the Participant is required by law to make its NPP available in one or more languages other than English, the Participant shall display the Poster in those languages as well as English.

5. The preceding requirements shall not be applicable to a Participant whose participation is limited to accessing information through an approved HIO (e.g., a Participant that does not utilize an EHR).