TECHNICAL AMENDMENT

September 15, 2014

 

      900 KAR 9:010. Kentucky Health Information Exchange participation.

 

      RELATES TO: KRS 194A.030(1)(e)

      STATUTORY AUTHORITY: KRS 194A.050(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.030(1)(e) requires the Kentucky Office of Health Benefit and Health Information Exchange, Division of Kentucky Electronic Health Information [Governor’s Office of Electronic Health Information (GOEHI)] within the Cabinet for Health and Family Services to improve patient care, reduce medical errors, and make more efficient use of health care dollars by reducing redundant services. To support the health care delivery system using electronic information technology as directed by KRS 194A.030(1)(e), GOEHI has implemented a Kentucky Health Information Exchange (KHIE). This administrative regulation establishes the procedures for participation by health care providers in the KHIE.

 

      Section 1. Definitions. (1) "CCD" means the Continuity of Care Document which is:

      (a) Defined by the Health Information Technology Standards Panel (HITSP) of the American National Standards Institute (ANSI); and

      (b) Found in the “HITSP Summary Documents Using HL7 Continuity of Care (CCD) Component”, version 2.5, July 8, 2009.

      (2) "Edge services" means hardware and software technology used in the storage and transmission of participant data.

      (3) "Health care provider" is defined by KRS 311.621(10).

      (4) "HIPAA" is defined by KRS 216.263(4).

      (5) "HL7 transaction" means the specifications for electronic data exchange by health care environments as defined by ANSI that may be found at http://www.hl7.org/implement/standards/ansiapproved.cfm?ref=nav.

      (6) "Interface" means the point of interaction or communication between the participant’s health information system and the KHIE.

 

      Section 2. Participation in the KHIE. In order to participate in the KHIE, the health care provider shall:

      (1) Have entered into an agreement, using either:

      (a) The KEHI[GOEHI] - Form 1A, Kentucky Office of Health Benefit and Health Information Exchange, Division of Kentucky Electronic Health Information[Governor’s Office of Electronic Health Information Exchange] Hospital Participation Agreement; or

      (b) The KEHI[GOEHI] - Form 1B, Kentucky Office of Health Benefit and Health Information Exchange, Division of Kentucky Electronic Health Information[Governor’s Office of Electronic Health Information Exchange] Participation Agreement Other Providers;

      (2) Continue to operate under the agreement entered into under subsection (1) of this section without the agreement being terminated; and

      (3) Be:

      (a) A covered entity as defined by HIPAA;

      (b) The Kentucky Department for Medicaid Services; or

      (c) The Kentucky State Laboratory, Division of Laboratory Services, Department of Public Health.

 

      Section 3. Kentucky Health Information Exchange services. KHIE shall provide information sharing and software for the following:

      (1) A CCD interface using web services to support data exchange with participants;

      (2) Support for a standard series of HL7 transactions sent from the health care provider’s health information system via secure edge services for storage and retrieval; and

      (3) Collaboration with participants to support development of the interfaces required for participants to connect to KHIE.

 

      Section 4. Participant responsibilities. Participants shall be responsible for building interfaces to connect to the KHIE.

 

      Section 5. Data exchanged by the Kentucky Health Information Exchange. KHIE may exchange data and make data available consisting of patient admission, discharge and transfer systems, laboratory systems, diagnostic imaging systems, medication histories, allergies, and technologically available patient information required to support data exchange.

 

      Section 6. Access to data by participants. Participants may access data through the KHIE as well as provide data through the KHIE for access by other participants.

 

      Section 7. Access to other health information exchanges. KEHI[GOEHI] may establish arrangements with other health information exchanges to allow participants access to data permitted by the GOEHI – Form 1A, or KEHI[GOEHI] – Form 1B.

 

      Section 8. Recipient of Kentucky Health Information Exchange Services. A health care provider that is participating in the KHIE shall qualify to become a recipient of KHIE services upon:

      (1) Validation of any KHIE Go-Live transaction by the participant and the KEHI[GOEHI]; and

      (2) Completion of:

      (a) The KEHI[GOEHI] - Form 2A, Kentucky Health Information Exchange Go-Live Approval for Edge Services; or

      (b) The KEHI[GOEHI] - Form 2B, Kentucky Health Information Exchange Go-Live Approval for Web Services.

 

      Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) KEHI[GOEHI] - Form 1A, “Governor’s Office of Electronic Health Information Exchange Hospital Participation Agreement", September, 2012;

      (b) KEHI[GOEHI] - Form 1B, “Governor’s Office of Electronic Health Information Exchange Participation Agreement Other Providers", September, 2012;

      (c) KEHI[GOEHI] - Form 2A, “Kentucky Health Information Exchange Go-Live Approval for Edge Services", September, 2012;

      (d) KEHI[GOEHI] - Form 2B, “Kentucky Health Information Exchange Go-Live Approval for Web Services", September, 2012; and

      (e) KEHI[GOEHI] - Form 3, “HITSP Summary Documents Using HL7 Continuity of Care (CCD) Component”, Version 2.5, July 8, 2009.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Cabinet for Health and Family Services, Governor’s Office of Electronic Health Information, 275 East Main Street 4WA, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. 38 Ky.R. 2121; Am. 39 Ky.R. 770; eff. 10-17-2012.)