NORTH DAKOTA

Confidentiality of Health Information

• Health information is considered confidential information and must be protected except under certain circumstances according to the Health Information Protection Act. [North Dakota Century Code, Chapter 23-01.3]
• The Health Information Protection Act references tissue and cells specifically in the definition of confidential information: “Protected health information” means any information, including genetic information, demographic information, and fluid or tissue samples collected from an individual, diagnostic and test results, whether oral or recorded in any form or medium, which: a. Is created or received by a health care provider, health researcher, health plan, health oversight authority, public health authority, employer, health or life insurer, school or university; and b. (1) Relates to the past, present, or future physical or mental health or condition of an individual, including individual cells and their components; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (2)(a) Identifies an individual; or (b) With respect to which there is a reasonable basis to believe that the information can be used to identify an individual. [North Dakota Century Code, Chapter 23-01.3-01]
• HMOs and insurers are prohibited from disclosed confidential medical information. [North Dakota Century Code 26.1-36-12.4 and 26.1-18.1-23]

Conditions Imposed on Genetic Testing/Use of Genetic information

Prohibits discrimination in the provision of insurance or employment.

Permitted Releases of Health Information or Genetic Information for Research

• North Dakota law protecting health information permits releases of medical information for use in biomedical research approved by an IRB, or for public health research where the identity of the patient is protected through coding or encryption. [North Dakota Century Code, Chapter 23-01.3]
• The definition of protected health information includes information (and genetic information) created or received by a variety of entities, including “health researchers” when the identity of an individual is known, or when there is a reasonable basis to believe that the information could be used to identify an individual.

Definition of Genetic Test/Use of Genetic Information

“Protected health information” means any information, including genetic information [North Dakota Century Code, Chapter 23-01.3-01]