65-6822. Same; definitions. As used in the Kansas health information technology and exchange act:

(a) "Act" means the Kansas health information technology and exchange act.

(b) "Approved HIO" means a health information organization operating in the state which has been approved by the corporation.

(c) "Corporation" means the Kansas health information exchange, inc., created by executive order 10-06.

(d) "Covered entity" means a health care provider, a health care component of a hybrid entity, a health plan or a health care clearinghouse.

(e) "Designated record set" means designated record set as that term is defined by the HIPAA privacy rule.

(f) "Disclosure" means disclosure as that term is defined by the HIPAA privacy rule.

(g) "DPOA-HC" means the person to whom a durable power of attorney for health care decisions has been granted by an individual in accordance with K.S.A. 58-625 et seq., and amendments thereto.

(h) "Electronic protected health information" means electronic health information as that term is defined by the HIPAA privacy rule.

(i) "Health care" means health care as that term is defined by the HIPAA privacy rule.

(j) "Health care clearinghouse" means a health care clearinghouse, as that term is defined by the HIPAA privacy rule, doing business within the state.

(k) "Health care provider" means a health care provider, as that term is defined by the HIPAA privacy rule, that furnishes health care to individuals in the state.

(l) "Health information" means health information as that term is defined by the HIPAA privacy rule.

(m) "Health information organization" means any entity operating in the state which:

(1) Maintains technical infrastructure for the electronic movement of health information among covered entities; and

(2) promulgates and enforces policies governing participation in such health information exchange.

(n) "Health information technology" means an information processing application using computer hardware and software for the storage, retrieval, use and disclosure of health information for communication, decision-making, quality, safety and efficiency of health care. "Health information technology" includes, but is not limited to: (1) An electronic health record; (2) a personal health record; (3) health information exchange; (4) electronic order entry; and (5) electronic decision support.

(o) "Health plan" means a health plan, as that term is defined by the HIPAA privacy rule, doing business within the state.

(p) "HIPAA privacy rule" means the privacy rule of the administrative simplification subtitle of the health insurance portability and accountability act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. part 160 and 45 C.F.R. part 164, subparts A and E.

(q) "Hybrid entity" means hybrid entity as that term is defined by the HIPAA privacy rule.

(r) "Individual" means individual as that term is defined by the HIPAA privacy rule.

(s) "Individually identifiable health information" means individually identifiable health information as that term is defined by the HIPAA privacy rule.

(t) "Interoperability" means the capacity of two or more information systems to exchange information or data in an accurate, effective, secure and consistent manner.

(u) "Participation agreement" means a written agreement between a covered entity and an approved HIO concerning the covered entity’s participation in the approved HIO on terms consistent with K.S.A. 2012 Supp. 65-6832, and amendments thereto.

(v) "Personal representative" means the person who has the legal authority to act on behalf of an individual.

(w) "Protected health information" means protected health information as that term is defined by the HIPAA privacy rule.

(x) "Public health authority" means public health authority as that term is defined by the HIPAA privacy rule.

(y) "Secretary" means the secretary of health and environment.

(z) "Standard authorization form" means the standard authorization form developed and promulgated by the secretary pursuant to K.S.A. 2012 Supp. 65-6826, and amendments thereto.

(aa) "State" means the state of Kansas.

(bb) "Use" means, with respect to individually identifiable health information, use as the term is defined by the HIPAA privacy rule.

This section shall take effect on and after July 1, 2011.

History: L. 2011, ch. 114, § 22; June 9.