Healthit.gov  > Health IT Dashboard  > Apps  > State Health IT Privacy and Consent Laws and Policies

State Health IT Privacy and Consent Laws and Policies

Overview:

This application provides state laws and policies governing patient consent for exchange of personal health information as well as standards and authorization required for the disclosure of patient mental health information. It covers:

1) State Health Information Exchange (HIE) Consent Policies
2) State-Sponsored HIE Consent Policies
3) State Laws Requiring Authorization to Disclose Mental Health Information for Treatment, Payment, and Health Care Operations (TPO)
4) State Laws that Apply a Minimum Necessary Standard to Treatment Disclosures of Mental Health Information

This application was developed to visualize variation in policy across states and provide a tool to easily access each state's specific policy and law information.

Use the App: The app initially loads the data for "State HIE Consent Policies." To view data for one of the other three laws or policies, make that selection in the drop-down menu below. A new map will generate after you make your selection. Each map is interactive. You may click or touch a state to get the full details for that state's law or policy. When you select a state, that state's law or policy information will appear in a table below the map.



State HIE Consent Policies

 No Policy   No further consent   Opt-In   Opt-In w/ caveat   Opt-Out   Opt-Out w/ caveat

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Current as of September 2016

Data:

You can access all the data in this open dataset. The data comes in open format with full documentation.

Source:

State Health IT Privacy and Consent Laws and Policies. September 2016. https://www.healthit.gov/policy-researchers-implementers/state-health-it-privacy-and-consent-laws-and-policies.

Notes:

The information contained in this application was collected by the Office of the National Coordinator for Health Information Technology (ONC) in coordination with Clinovations and the George Washington University Milken Institute of Public Health. This is a living document; it will be updated on a periodic basis.

Data Limitations:
(1) The dashboard does not represent a comprehensive analysis of all state laws and policies that impact health information privacy and consent;
(2) The dashboard does not represent an endorsement of any particular law or policy, nor does it evaluate the effectiveness or impact of any law or policies;
(3) The data sources were limited in their scope. The comprehensiveness or the level of details documented may vary between and within states. ONC suggests states also research other sources, such as HealthInfoLaw.org, which contains information about state-level privacy and consent laws and other policies.

Suggested Citation:

Office of the National Coordinator for Health Information Technology. 'State Health IT Privacy and Consent Laws and Policies,' Health IT Dashboard. dashboard.healthit.gov/apps/state-health-it-privacy-consent-law-policy.php. July 2017.