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N.D. Attorney General opinion: Nov. 16 Thursday, November 17, 2022

Attorney General Drew H. Wrigley has issued a new opinion on health records.

Request: Does state or federal law preclude a defendant from disclosing a patient’s PHI?

Conclusion: Although a patient’s PHI may not be required to prove an affirmative defense in all cases, it is reasonable to anticipate some defendants would need to disclose a patient’s PHI to satisfy the elements of one or more affirmative defenses under the statute. State and federal law do not preclude a defendant from disclosing a patient’s PHI in order to assert an affirmative defense to N.D.C.C. § 12.1-31-12, however, the requirements of the applicable disclosure provision under the HIPAA Privacy Rule need to be met prior to disclosure.

Read the opinion at: https://attorneygeneral.nd.gov/sites/ag/files/Legal-Opinions/2022-L-06.pdf

 

Runtime Error

Server Error in '/' Application.

Runtime Error

Description: An application error occurred on the server. The current custom error settings for this application prevent the details of the application error from being viewed remotely (for security reasons). It could, however, be viewed by browsers running on the local server machine.

Details: To enable the details of this specific error message to be viewable on remote machines, please create a <customErrors> tag within a "web.config" configuration file located in the root directory of the current web application. This <customErrors> tag should then have its "mode" attribute set to "Off".


<!-- Web.Config Configuration File -->

<configuration>
    <system.web>
        <customErrors mode="Off"/>
    </system.web>
</configuration>

Notes: The current error page you are seeing can be replaced by a custom error page by modifying the "defaultRedirect" attribute of the application's <customErrors> configuration tag to point to a custom error page URL.


<!-- Web.Config Configuration File -->

<configuration>
    <system.web>
        <customErrors mode="RemoteOnly" defaultRedirect="mycustompage.htm"/>
    </system.web>
</configuration>