Section 191.237

Title XII PUBLIC HEALTH AND WELFARE

Chapter 191

Effective - 28 Aug 2013, 2 histories   

  191.237.  Failure to participate in health information organization, no fine or penalty may be imposed — no exchange of data, when — definitions. — 1.  No law or rule promulgated by an agency of the state of Missouri may impose a fine or penalty against a health care provider, hospital, or health care system for failing to participate in any particular health information organization.

  2.  A health information organization shall not restrict the exchange of state agency data or standards-based clinical summaries for patients for federal Health Insurance Portability and Accountability Act (HIPAA) allowable uses.  Charges for such service shall not exceed the cost of the actual technology connection or recurring maintenance thereof.

  3.  As used in this section, the following terms shall mean:

  (1)  "Fine or penalty", any civil or criminal penalty or fine, tax, salary or wage withholding, or surcharge established by law or by rule promulgated by a state agency pursuant to chapter 536;

  (2)  "Health care system", any public or private entity whose function or purpose is the management of, processing of, or enrollment of individuals for or payment for, in full or in part, health care services or health care data or health care information for its participants;

  (3)  "Health information organization", an organization that oversees and governs the exchange of health-related information among organizations according to nationally recognized standards.

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(L. 2012 S.B. 769 § 1, A.L. 2013 H.B. 986, A.L. 2013 S.B. 89)