SB 226 – Amend HIE Mandatory Participation & Enforcement

Primary Senate Sponsors: Sen. Joyce Krawiec (R-Davie, Forsyth); Sen. Jim Burgin (R-Harnett, Johnston, Lee); Sen. Jim Perry (R-Lenoir, Wayne)


This bill extends the deadline for mandatory participation in the HIE Network for most providers of Medicaid and State-funded health care services to begin submitting demographic and clinical data from October 1, 2021 to October 1, 2022.

This bill requires participation by ambulatory surgical centers, licensed dentists, licensed physicians with a primary practice in psychiatry, the State Lab of Public Health, registered pharmacies, and state health care facilities under DHHS’ jurisdiction no later than June 1, 2022.

This bill would permit the Health Information Exchange Authority to assess a civil penalty (no more than $10 per claim that the provider/entity fails to submit through the Network during any period of noncompliance) against any provider/entity that fails to connect to the HIE Network and submit required demographic and clinical data through the Network.

The bill would require providers/entities to do one of the following within 30 days of receiving a notice of a civil penalty: (1) pay the fine; (2) contact the HIE Authority and execute a participation agreement; (3) contact the Department of Information Technology to request an exemption or contact DHHS to request a hardship extension; or (4) file a petition for a contested case with the Office of Administrative Hearings.

This bill also authorizes the HIE Authority to institute an action in the superior court of the county in which the entity or provider has a principal place of business to recover the unpaid penalty if the provider/entity fails to take any action following receipt of a penalty.


Filed – 3/10/2021