North Dakota Administrative Code
Title 113 - North Dakota Health Information Network
Article 113-02 - North Dakota Health Information Network
Chapter 113-02-01 - North Dakota Health Information Network
Section 113-02-01-02 - Definitions

Throughout this title, unless specifically stated otherwise, the following terms mean:

1. "Authorized user" means a person who is authorized by a participant to participate in the North Dakota health information network and includes health care practitioners, employees, contractors, agents, or business associates of a participant. Those who may qualify as authorized users may be further defined in the North Dakota health information network policies and procedures.

2. "Breach" means the acquisition, access, use, or disclosure of protected health information in a manner not permitted under 45 CFR 164.402 which compromises the security or privacy of the protected health information.

3. "Business associate" has the meaning set forth in 45 CFR 160.103 and generally means a person who creates, receives, maintains, or transmits protected health information in the performance of a function or activity on behalf of the covered entity. A subcontractor of a business associate may also be considered a business associate.

4. "Individual" means a person who is the subject of protected health information and has the meaning set forth in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

5. "Opt out" means that an individual has chosen to not participate in the North Dakota health information network.

6. "Participant" includes any organization, health care practitioner or institution, health plan, or clearinghouse who has executed a written participation agreement and business associate agreement with the North Dakota health information network.

7. "Protected health information" means individually identifiable health information (any oral or recorded information relating to the past, present, or future physical or mental health of an individual; the provision of health care to the individual; or the payment for health care) maintained by any medium and transmitted by electronic media or in any other form or medium.

General Authority: NDCC 54-59-26

Law Implemented: NDCC 23-12-19, 54-59-25, 54-59-26, 54-59-28, 54-59-29