Electronic Health Information Guidelines   

Background

During the 82nd (2023) legislative session, the State of Nevada adopted regulations relating to the maintenance, transmission, and exchange of electronic health information. During the December 19, 2024, meeting of the Nevada Legislative Commission, the regulations received approval and were filed with the Secretary of State. The regulations are effective upon approval of the Legislative Commission and therefore currently in effect. All health care providers and medical facilities licensed to operate in Nevada must be able to maintain, transmit, and exchange health information in accordance with this State law.

Approved Regulations: R173-24   

 

Under Nevada Revised Statute (NRS) 439.589 and related statute, the Nevada Health Authority (NVHA) is responsible for setting standards for the secure maintenance, transmission, and exchange of electronic health information. These statutory requirements ensure:

  • Interoperability between systems
  • Direct patient access to their health records
  • Compliance with HIPPA, HITECH, and other federal certification standards
Providers must either use an electronic health record (EHR) system certified interoperable by the Office of the National Coordinator for Health Information Technology (ONC), or connect to a compliant health information exchange (HIE), as described in the approved regulations R173-24, to meet these requirements.
 

If any health care provider or medical facility (who is not otherwise exempt) is not in compliance with this regulation, the provider or facility may be reported by the Nevada Health Authority to the appropriate licensing or regulatory agency for administrative penalties and/or corrective action. 

Compliance Deadlines

As documented in the enrolled 2023 Assembly Bill 7 text, Section 2.8:

  • Hospitals and physician group practices with more than 20 employees must comply with the provisions of NRS 439.589 by July 1, 2024; and 
  • All other health care providers and entities (unless listed below) must comply by July 1, 2025; and 
  • Physician group practices with 20 or fewer employees, solo practitioners, and small health care businesses must comply by January 1, 2030
To report a non-compliant provider, use the form below.

 

Waiver Program

Per NRS 439.589(6), and Section 157 of Senate Bill 494 (2025), "[a] health care provider may apply to the Authority for a waiver from the provision of subsection 4 on the basis that the health care provider does not have the infrastructure necessary to comply with those provisions, including, without limitation, because the health care provider does not have access to the Internet."

The Authority shall grant a waiver if it determines that:

  • The health care provider does not currently have the infrastructure necessary to comply with the provisions of subsection 4; and
  • Obtaining such infrastructure is not reasonably practicable, including without limitation, because the cost of such infrastructure would make it difficult for the health care provider to continue to operate.

An applicant must:

  • Complete all fields of the Application form on the Provider Waiver Application. If a field does not apply, list "N/A."
  • Complete the Attestation form and obtain all required notarized signatures.
  • Return the completed, signed application in full by scanning the documents and emailing them to: communityandprovider@nvha.nv.gov.

AB 7 (2023) Training