SB 1049 - Under this act, a participant of a health information exchange operated by a health information organization may disclose, access, or use individually identifiable information; provided, that an individual has the right to opt out of having his or her identifiable information accessible through the exchange. A health information organization shall implement policies governing privacy and security of individually identifiable information accessible through the exchange and shall maintain written notice of such policies on a publicly accessible website. A health information organization shall not be considered a health care provider under this act and shall not be subject to liability for damages or costs arising out a civil action against a health care provider. Participants and staff, officers, and members of the board of directors of a health information organization shall not be liable in actions for damages or costs, as described in the act. Individually identifiable information accessed through an exchange under this act shall not be subject to discovery or subpoena and no health information organization shall be compelled by a request for production, subpoena, court order, or otherwise, to disclose such information. This act is substantially similar to provisions in HCS/SS/SB 580 (2020). SARAH HASKINS