Policy Statement: The North Dakota Health Information Network (NDHIN) shall limit the right of an Individual to access their own PHI or that of a family member.
Individual Access to their own PHI
An individual who is an “authorized user” of a “participant” may not access his or her own protected health information through the clinical portal of the North Dakota health information network.
Individual Access to a family member’s PHI
An individual who is an “authorized user” of a “participant” may not access the protected health information of a family member through the clinical portal of the North Dakota Health Information Network unless the user is a health care provider that has a provider-patient relationship with the family member, or is another authorized user who is accessing the protected health information of a family member for treatment of the Individual.
As used in this section, “family member” has the meaning set forth in section 103 of part 160 of title 45 of the Code of Federal Regulations.
45 C.F.R. § 160.103
Family member means, with respect to an individual:
- A dependent (as such term is defined in 45 CFR 144.103), of the individual; or
- Any other person who is a first-degree, second-degree, third-degree, or fourth-degree relative of the individual or of a dependent of the individual. Relatives by affinity (such as by marriage or adoption) are treated the same as relatives by consanguinity (that is, relatives who share a common biological ancestor). In determining the degree of the relationship, relatives by less than full consanguinity (such as half-siblings, who share only one parent) are treated the same as relatives by full consanguinity (such as siblings who share both parents).
- (i) First-degree relatives include parents, spouses, siblings, and children.
- (ii) Second-degree relatives include grandparents, grandchildren, aunts, uncles, nephews, and nieces.
- (iii) Third-degree relatives include great-grandparents, great-grandchildren, great aunts, great uncles, and first cousins.
- (iv) Fourth-degree relatives include great-great grandparents, great-great grandchildren, and children of first cousins.