Author: NC HIEA, (919) 754-6912 or hiea@nc.gov
North Carolina’s state-designated health information exchange, NC HealthConnex, was created in 2015 by the North Carolina General Assembly to help bridge the gap between distinct electronic health record systems and health care networks to support whole patient care. With over seven million unique patient records and growing, NC HealthConnex is working to connect the state’s health care providers to deliver a holistic view of a patient’s record. The North Carolina Health Information Exchange Authority (NC HIEA) is the agency managing NC HealthConnex.
How has the law changed?
Previously, we notified you that state law (N.C.G.S. § 90-414.4) requires that all health care providers who receive any state funds for the provision of health care services (e.g. Medicaid, NC Health Choice, State Health Plan, etc.) connect and submit patient demographic and clinical data to NC HealthConnex by certain dates in 2018 and 2019 in order to continue to receive payment for services.
On June 6, 2019, Governor Cooper signed into law Session Law 2019-23 which revised portions of N.C.G.S. § 90-414.4. The legislation extends the June 1, 2019 deadline until June 1, 2020. Additionally, licensed physicians whose primary area of practice is psychiatry, and the State Laboratory of Public Health and State healthcare facilities operated by the North Carolina Department of Health and Human Services now have until June 1, 2021 to connect.
Further, Session Law 2019-23 now exempts certain provider types from the mandatory requirement to connect and submit data to the Health Information Exchange network, NC HealthConnex. The following provider types have the option to connect on a voluntary basis, however, they are no longer required to connect:
- Community-based long-term services and supports providers, including personal care services, private duty nursing, home health, and hospice care providers.
- Intellectual and developmental disability services and supports providers, such as day supports and supported living providers.
- Community Alternatives Program waiver services (including CAP/DA, CAP/C, and Innovations) providers.
- Eye and vision services providers.
- Speech, language, and hearing services providers.
- Occupational and physical therapy providers.
- Durable medical equipment providers.
- Nonemergency medical transportation service providers.
- Ambulance (emergency medical transportation service) providers.
- Local education agencies and school-based health providers.
See N.C.G.S. § 90-414.4(e).
If I am no longer required to connect, may I still choose to participate with NC HealthConnex?
Yes! Providers covered by N.C.G.S. § 90-414.4(e) may voluntarily choose to submit data to NC HealthConnex or they can access patient data in the clinical portal and utilize the NC HealthConnex value-added features. Voluntary providers must sign a Full Participation Agreement if they want to participate. Submission Only Agreements do not include a Business Associate Agreement and therefore can only be signed by providers who are required to connect and submit data to NC HealthConnex.
What if my organization has signed a participation agreement with the NC HIEA, but we are now no longer required to connect per changes in HB70?
Provider types listed under N.C.G.S. § 90‐414.4(e) who are no longer required to connect have several choices. Voluntary providers can still connect to NC HealthConnex, but they must sign a Full Participation Agreement. Submission Only agreements will not be processed for providers not required to connect.
If you are no longer required to connect, but have already submitted a full participation agreement:
- You have the option to continue your relationship as an NC HealthConnex participant. You may choose to still submit data to NC HealthConnex, or you may simply receive access to the clinical portal and other value‐added services. Having access to the clinical portal will allow you to view a more complete health record for patients with whom you have treatment relationship. No action is necessary at this time if you plan to become a full participant of NC HealthConnex.
- If you do not want to submit data to NC HealthConnex or access patient data, you can terminate your agreement. If your agreement has not been signed by the NC HIEA yet, you can request that the agreement not be finalized. Please send an email to HIEA@nc.gov if you do not want the NC HIEA to process your participation agreement or you would like to terminate it. This will end your relationship with the NC HIEA and NC HealthConnex.
If you are no longer required to connect but submitted a Submission Only Agreement, the NC HIEA will reach out to you about terminating or replacing your agreement soon. If your organization would like to voluntarily participate in NC HealthConnex in order to view patient records or utilize the NC HealthConnex value‐added features, your organization can complete a Full Participation Agreement, which is available at https://nchealthconnex.gov.
For more information about the benefits of participating in NC HealthConnex visit our website at https://hiea.nc.gov/nc‐healthconnex‐suite‐services or sign up for the next How to Connect Call that is hosted the last Monday of each month at noon.