Nevada Code § 244.3635

Electronic database of information concerning victims of mass casualty incidents: Establishment; maintenance by board of county commissioners; information to be included; participation; confidentiality; immunity from civil liability
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1. A board of county commissioners may
establish and maintain an electronic database containing information concerning
victims of mass casualty incidents to coordinate the provision of reunification
and identification services and long-term support services for such victims.
2. A board of county commissioners that
establishes an electronic database pursuant to subsection 1 shall determine:
(a) The information that must be contained in the
electronic database, which must include, without limitation, the information
reported by a hospital or an independent center for emergency medical care
pursuant to NRS 449.1887 .
(b) The form and manner in which a hospital or an
independent center for emergency medical care must report the information
required by NRS 449.1887 to the
electronic database, which must require the information to be reported in such
a form and in such a manner so as to protect the security of the information.
(c) Each person or governmental entity that may
participate in the electronic database, which must include, without limitation,
each person or governmental entity in the county whose duties or
responsibilities include the support of carrying out emergency functions, as
determined by the county emergency manager.
(d) The extent to which a person or governmental
entity described in paragraph (c) may participate in the electronic database,
including, without limitation, whether the person or governmental entity may
input information into the electronic database and the type of information
contained in the electronic database to which the person or governmental entity
has access.
3. If a board of county commissioners
establishes an electronic database pursuant to subsection 1, the board of
county commissioners shall implement and maintain security measures to protect
the personally identifiable information contained within the database. Such
security measures must:
(a) Comply with all applicable provisions of 45
C.F.R. Parts 160, 162 and 164, NRS
603A.210 and any other applicable federal and state law.
(b) Include, without limitation:
(1) The performance of vulnerability and
risk assessments;
(2) The imposition of restrictions on
access by a participant to the information contained in the database based on
the role of the participant; and
(3) Reasonable measures for
authentication, monitoring and auditing to prevent unauthorized access to the
information contained in the database or misuse of that information.
4. Any information contained in an
electronic database established pursuant to subsection 1 is confidential and
may only be disclosed by a participant in the database as necessary for the
provision of reunification and identification services and long-term support
services for victims of mass casualty incidents. Except for a victim of a mass
casualty incident who has provided a written authorization for his or her
information to remain in the electronic database for the purpose of receiving
long-term support services, all information contained in the database
concerning a victim of a mass casualty incident must be deleted after all
victims of the mass casualty incident have been identified and reunified.
5. An electronic database established
pursuant to subsection 1 and the disclosure of information therefrom must
comply with the applicable provisions of the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, as amended, and the applicable
regulations adopted pursuant thereto.
6. A county in which the board of county
commissioners has established an electronic database pursuant to subsection 1
and any officer, employee or agent of the county are immune from civil
liability for any act or omission related to the establishment or maintenance
of the database not amounting to willful misconduct, gross negligence or bad
faith.
7. As used in this section:
(a) Hospital has the meaning ascribed to it in NRS 449.012 .
(b) Independent center for emergency medical
care has the meaning ascribed to it in NRS
449.013 .
(c) Long-term support services means the
support services provided pursuant to NRS
217.096 , financial aid services, services which provide compensation to
victims and medical or psychological services provided in a trauma-informed
manner, as defined in NRS 422.2734 .
(d) Mass casualty incident has the meaning
ascribed to the term mass casualty event in 34 U.S.C. 10281(o)(1)(A).

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