Expands access to personal information in the vaccine registry without consent with an amendment in Appropriations Act

State: NC
Bill Number: HB 103
Position: OPPOSE
Action Required: None
Status: Enacted, signed by Governor and effective 7/11/2022

Legislation Details:

UPDATE: 7/11/2022 - HB 103 signed by the Governor and in effect. 

UPDATE: 7/1/2022 - The conference committee substitute for HB 103 was adopted by both the House (82-25 vote) and the Senate (36-8 vote) and the bill was then presented to the Governor.

HB 103 is the North Carolina Current Operations Appropriations Act of 2022.  The bill was reported out of a conference committee on 6/28/2022 and reported favorably out of two committees on 6/29/2022 and placed on the calendar for the House on 6/30/2022.  

NVIC is opposed to one of the amendments that is currently in the conference committee substitute on Page 95 that expands access to the North Carolina Immunization Registry.  NVIC is opposed to the collection and sharing of private and personal information in vaccine registries. This section allows additional sharing of information without consent.  

"§ 130A-158.5. Access to North Carolina Immunization Registry.

Notwithstanding any provision of this Chapter or any other provision of law, the Department shall grant access to client-specific immunization information contained within the secure, web-based North Carolina Immunization Registry to the following entities: provided, however, that the authorized recipient of this information shall agree, in writing, on a form prescribed by the Department to maintain the confidentiality of the information:

(1) Prepaid health plans, as defined in G.S. 108D-1.

(2) Primary care case management entities, as defined in 42 C.F.R. § 438.2, as amended."

 42 CFR § 438.2 - Definitions. | CFR | US Law | LII / Legal Information Institute (cornell.edu)

Primary care case management entity (PCCM entity) means an organization that provides any of the following functions, in addition to primary care case management services, for the State:

(1) Provision of intensive telephonic or face-to-face case management, including operation of a nurse triage advice line.

(2) Development of enrollee care plans.

(3) Execution of contracts with and/or oversight responsibilities for the activities of FFS providers in the FFS program.

(4) Provision of payments to FFS providers on behalf of the State.

(5) Provision of enrollee outreach and education activities.

(6) Operation of a customer service call center.

(7) Review of provider claims, utilization and practice patterns to conduct provider profiling and/or practice improvement.

(8) Implementation of quality improvement activities including administering enrollee satisfaction surveys or collecting data necessary for performance measurement of providers.

(9) Coordination with behavioral health systems/providers.

(10) Coordination with long-term services and supports systems/providers.

GS_108D-1.pdf (ncleg.gov)

30) Prepaid health plan or PHP. – A prepaid health plan, as defined in G.S. 58-93-5, that is under a capitated contract with the Department for the delivery of Medicaid and NC Health Choice services, or a local management entity/managed care organization that is under a capitated contract with the Department to operate a BH IDD tailored plan.



https://www.ncleg.gov/BillLookup/2021/H103 - text, status and history for HB 103