[§323C-22] Giving notice regarding disclosure of protected health information for treatment or qualified health care operations.
(a) The notice required by section 323C-13 shall be:(1) Given by each health plan upon enrollment, annually, and when confidentiality practices are substantially amended, to each individual who is eligible to receive care under the health plan, or to the individual's parent or guardian if the individual is a minor or incompetent; and
(2) Posted in a conspicuous place or provided by an entity other than a health plan.
(b) For each new enrollment or re-enrollment by an individual in a health plan, on or after July 1, 2000, a health plan shall make reasonable efforts to obtain the individual's signature on the notice of confidentiality practices. The notice to be signed shall state that the individual is signing on behalf of the individual and all others covered by the individual's health plan. If the plan is unable to obtain the aforementioned signature, the plan shall note the reason for the failure to obtain said signature. The lack of a signed notice of confidentiality practices shall not justify a denial of coverage of a claim, nor shall it limit a health plan's access to information necessary for treatment and qualified health care operations; provided that the individual may elect to keep the records from being disclosed by paying for the subject health care services, as provided under section 323C-21(c).
(c) Except as provided in this chapter, the notice required by this section and section 323C-13 shall not be construed as a waiver of any rights that the individual has under other federal or state laws, rules of evidence, or common law.
(d) For the purposes of this subsection, "reasonable efforts" may include but are not limited to requiring the employer to present the notice to the individual and to request a signature, or mailing the notice to the individual with instructions to sign and return the notice within a specified period of time. [L 1999, c 87, pt of §2]