(1) Develop, establish and maintain a health information exchange that complies with Federal and State law and that:

(2) Determine criteria for organizations and individuals to become and remain participants in the health information exchange, including criteria for organizations and individuals to be suspended and disengaged as participants in the health information exchange.

(3) Develop and maintain a directory of health care providers' contact information to enable participants to share health information electronically.

(4) Develop and maintain standards to ensure interoperability.

(5) Establish and collect fees. Fees may include transaction fees, subscription fees or other fees or donations to cover costs of the implementation and operation of the health information exchange or for other services provided under this article. Receipt of services provided by or through the department may be conditioned on payment of fees. Participation in the health information exchange by any health care provider, payer, consumer or any other person shall be voluntary.

(6) Establish an advisory board under section 1404-C¹ with a diverse membership representing interested and affected groups and individuals.

(7) Develop and conduct public information programs to educate and inform consumers and patients about health information.

(8) Submit an annual report to the Governor, the President pro tempore of the Senate and the Speaker of the House of Representatives for distribution to appropriate legislative committees on the activities of the program for the year, including a summary of the receipts and expenditures, a list of contracts and a summary of any reportable security breaches that occurred and corrective actions that were taken.

(9) Develop and maintain:

(10) Promulgate regulations, as necessary, to implement and administer this article.

(11) Perform all other activities in furtherance of the purposes of this article.