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Your Choices

Opting Out of the HIE Versus Patients' Restricting Disclosures Under HIPAA

The NC General Assembly has provided patients a way to prevent information submitted to NC HealthConnex to be shared between participating health care providers, called “Opt Out.” If a patient submits an Opt Out form to the NC HIEA, any information relating to that patient maintained in the NC HealthConnex system will be blocked from being accessed by health care providers who attempt to look up that patient.

Please be aware:

  • Opting out of NC HealthConnex will not adversely affect your treatment by your physician, and you cannot be discriminated against if you do decide to opt out.
  • If you change your mind about participating in NC HealthConnex, you can opt back in at any time by completing a new form and checking “Rescind Opt Out.”
  • If you choose to opt out, please complete the “Opt Out” form linked below. Your provider may also be able to provide a form to you.

Please note that submitting an Opt Out Form does not mean your data will not be submitted by your health care provider(s) to NC HealthConnex. Providers who receive Medicaid or State funds for the provision of health care services are required by law to send data pertaining to health care services that are funded by the State, including through Medicaid or State Health Plan. If your health care services are not paid for by the State and you do not want your data to be disclosed to NC HealthConnex, you may be able to request that your provider restrict the submission of your data. Please discuss this with your provider and refer to their policies on restricting disclosures of patient data for treatment, payment, and health care operations as permitted under HIPAA in 45 C.F.R. 164.522(e)(3)(i).

If you are under the age of 18, please note the NC HIEA will not process your Opt Out unless your parent or legal guardian has signed your Opt Out Form, or you have been emancipated. If you are a minor and you receive treatment for (i) venereal disease and other reportable diseases, (ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv) emotional disturbance, the NC HIEA is permitting providers to not submit data pertaining to those treatments to NC HealthConnex. Please speak with your health care provider to see if you are able to request that this information not be disclosed to NC HealthConnex. See N.C.G.S. 90-21.5 (Minor's consent sufficient for certain medical health services) and 145 C.F.R. §164.502 of HIPAA. It is important to note that providers themselves are required to not disclose this information to a parent or legal guardian unless medically necessary.

If you choose to opt out, please complete the “Opt Out” form linked below. Your provider may also be able to provide a form to you.

Complete the form and mail it to:

NC Health Information Exchange Authority
Mail Service Center 4101
Raleigh, NC 27699-4101

Opt Out form in English

Optar pas no en Espanol

Right to an Accounting of Disclosure

HIPAA requires that health care providers keep a record of all disclosures of your health information to other parties and to provide this record to you for the past six years, with some exceptions.  For instance, if your physician disclosed your health information to another provider through the HIE network for treatment, payment, or health care operations, your physician does not need to provide a record of those disclosures to you.  However, health care providers do need to keep track of disclosures for certain reasons such as for public health, research, or law enforcement purposes.  Please see the HIPAA regulation 45 C.F.R. 164.528 for all of the purposes excluded from the accountings of disclosures requirement.

You can ask your provider directly for an accounting of disclosures of your information, or if you prefer, you can fill out the following form to request a report from the NC HIEA. The NC HIEA will never disclose your protected health information if not permitted to do so by HIPAA.  Please note that the NC HIEA is not required to provide a report on disclosures made before March 1, 2016, which is the date the NC HIEA started operating the HIE, or if not required to do so by HIPAA. The NC HIEA will respond to this request within 60 days of receipt, or will notify you that the report is delayed and the reasons for the delay.

Accounting of Disclosures Form - English

Accounting of Disclosures Form - en Espanol