Certification for health information exchange required; disciplinary action for failure to comply with law; administrative fine for operating without certification; regulations

1. A health information exchange shall not operate in this State without first obtaining certification as provided in subsection 2. 2. The Director of the Authority shall by regulation establish the manner in which a health information exchange may apply for certification and the requirements for granting such certification, which must include, without limitation, that the health information exchange demonstrate its financial and operational sustainability, adherence to the privacy, security and patient consent standards adopted pursuant to NRS 439.589 and capacity for interoperability with any other health information exchange certified pursuant to this section. 3. The Director of the Authority may deny an application for certification or may suspend or revoke any certification issued pursuant to subsection 2 for failure to comply with the provisions of NRS 439.581 to 439.597, inclusive, or the regulations adopted pursuant thereto or any applicable federal or state law. 4. When the Director of the Authority intends to deny, suspend or revoke a certification, he or she shall give reasonable notice to all parties by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. A health information exchange that wishes to contest the action of the Director of the Authority must file an appeal with the Director of the Authority. 5. The Director of the Authority shall adopt regulations establishing the manner in which a person may file a complaint with the Director of the Authority regarding a violation of the provisions of this section. 6. The Director of the Authority may impose an administrative fine against a health information exchange which operates in this State without holding a certification in an amount established by the Director of the Authority by regulation. The Director of the Authority shall afford a health information exchange so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121. 7. The Director of the Authority may adopt such regulations as he or she determines are necessary to carry out the provisions of this section.