Can I collect health information from participants in Nevada? What are the requirements?

Based on the documents provided, there are several requirements that must be met in order to collect health information from participants in Nevada.

Consent Requirements

Nevada law requires that a person shall not make public the name of, or other personal identifying information about, a person who has been diagnosed with or exposed to a communicable disease and investigated by the health authority pursuant to this chapter without the consent of the person ^[2.1]. Similarly, the Division shall not reveal the identity of any patient, physician or health care facility which is involved in the reporting required by NRS 439.498, unless the patient, physician or health care facility gives prior written consent to such a disclosure ^[3.2][3.3].

Electronic Health Records

If a statute or regulation requires that a health care record, prescription, medical directive or other health-related document be in writing, or that such a record, prescription, directive or document be signed, an electronic health record, an electronic signature or the transmittal or retrieval of health information in accordance with the provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto shall be deemed to comply with the requirements of the statute or regulation ^[3.1].

Patient Consent

Except as otherwise provided in subsection 2 of NRS 439.538, a patient must not be required to participate in a health information exchange. Before a patient’s health care records may be retrieved from a health information exchange, the patient must be fully informed and consent, in the manner prescribed by the Director ^[3.4].

Confidentiality

The Department shall adopt regulations for the review and release of information collected and maintained by the Department pursuant to NRS 439A.200 to 439A.290, inclusive. The regulations must require, without limitation, the Department to review each request for information if the request is for purposes other than research ^[1.2]. A public agency, law enforcement agency or political subdivision of this State which has information that is relevant to an investigation relating to an infectious disease or exposure to a biological, radiological or chemical agent which significantly impairs the health, safety and welfare of the public shall share the information and any medical records and reports with the appropriate state and local health authorities if it is in the best interest of the public and as necessary to further the investigation of the requesting health authority. The Board shall adopt regulations to carry out this section, including, without limitation: (a) Identifying the public agencies and political subdivisions with which the information set forth in subsection 1 may be shared; (b) Prescribing the circumstances and procedures by which the information may be shared with those identified public agencies and political subdivisions; and (c) Ensuring the confidentiality of the information if it is protected health information ^[2.2].

Data Request

The Department shall develop and make available to the Board of Medical Examiners and the State Board of Osteopathic Medicine an electronic data request to be completed by an applicant for the renewal of a license as a physician or a biennial registration pursuant to NRS 630.267. The electronic data request must solicit from each such applicant the following information: (a) Whether the applicant is employed by a hospital, a health system or an entity owned by a health system or practices independently from a hospital, a health system or an entity owned by a health system; (b) If the applicant is employed by a hospital, a health system or an entity owned by a health system, the name of the hospital or health system or the entity and the health system that owns the entity, as applicable; (c) If the applicant is employed by an entity other than a hospital, a health system or an entity owned by a health system, the name of the legal entity which owns the practice and any assumed or fictitious name of that entity known to the applicant; and (d) If the applicant practices independently from a hospital, a health system or an entity owned by a health system, the name of the practice of the applicant. The Department shall collect and maintain the information collected pursuant to subsection 1. Such information is confidential and any reporting of the information maintained pursuant to this section by the Department must be in an aggregate form that does not reveal the identity of any physician ^[1.3].

Therefore, in order to collect health information from participants in Nevada, you must obtain their consent and comply with the regulations regarding confidentiality and data requests.

Source(s):

• [2.1] Disclosure of personal information prohibited without consent.
• [3.1] Electronic health records, electronic signatures and electronically transmitted or retrieved health information deemed to comply with certain writing and signature requirements; information maintained or transmitted in electronic health record or retrieved by a health information exchange deemed to comply with certain confidentiality requirements; exception.
• [3.2] Consent required before disclosure of identity of patient, physician or health care facility.
• [3.3] Consent required before disclosure of identity of patient, physician or health care facility.
• [3.4] Patient not required to participate in health information exchange; notification to patient of breach of confidentiality of electronic health records or health information exchange; patient access to electronic health records.
• [1.2] Duty of Department to consult; Department allowed to contract with certain entities for analysis of information collected and maintained by Department; regulations for review and release of information; annual report concerning requests for release of information.
• [2.2] Investigation: Law enforcement agencies and political subdivisions authorized to share certain information and medical records with state and local health authorities; regulations.
• [1.3] Data request to Board of Medical Examiners and State Board of Osteopathic Medicine for certain information concerning physicians; confidentiality of information; posting of report on Internet website.

Jurisdiction

Nevada

• Privacy