CONFORM MEDICAL RECORD LAWS.

View NCGA Bill Details2011-2012 Session
Senate Bill 607 (Public) Filed Thursday, April 14, 2011
TO CONFORM MEDICAL RECORD CONFIDENTIALITY LAWS.
Intro. by Stein.

Status: Ch. SL 2011-314 (Senate Action) (Jun 27 2011)

Bill History:

S 607/S.L. 2011-314

Bill Summaries:

  • Summary date: Jun 30 2011 - More information

    AN ACT TO CONFORM MEDICAL RECORD CONFIDENTIALITY LAWS. Summarized in Daily Bulletin 4/14/11, 4/28/11, 5/5/11, 6/14/11, and 6/15/11. Enacted June 27, 2011. Effective January 1, 2012.


  • Summary date: Jun 15 2011 - More information

    House amendment makes the following changes to 4th edition. Amends proposed GS 122C-55(a7) to clarify that before making any disclosures under the subsection, the facility must inform the client or his legally responsible person (previously client only) that the facility may make such disclosures unless the client or his legally responsible person objects, as specified. Makes conforming changes.


  • Summary date: Jun 14 2011 - More information

    House committee substitute makes the following changes to 3rd edition. Amends proposed GS 90-85.36(a)(15) to add business associates, as described in 45 CFR §160.103, to those persons and entities to whom prescription orders may be disclosed. Makes other clarifying changes.


  • Summary date: May 5 2011 - More information

    Senate amendment makes the following changes to 2nd edition. Clarifies in proposed GS 122C-55(a7) that a covered entity or business associate receiving confidential information from a facility pursuant to the subsection may use and disclose the information as permitted or required under specified federal law; provided, however, that the confidential information is not used or disclosed for discriminatory purposes, including employment discrimination, medical insurance coverage or race discrimination, or discrimination by law enforcement officers.


  • Summary date: Apr 28 2011 - More information

    Senate committee substitute makes the following changes to 1st edition.
    Adds a section, amending GS 122C-52(b), clarifying that, except as authorized, no individual with access to confidential information may disclose the information; however, a HIPAA covered entity or business associate receiving confidential information that has been disclosed under GS 122C-53 through 122C-56 may use and disclose the information as allowed under 45 CFR Part 164, Subpart E. Amends GS 122C-55(a6), clarifying that health care providers and other entities receiving confidential information that was disclosed under subsection (a6) may use and disclose the information as permitted or required under federal regulation (previously, permitted providers and entities receiving confidential information from DHHS’s Community Care of North Carolina Program or other primary care case management to use and disclose the information to conduct assessment and improvement activities or coordinate care, treatment, or habitation). Makes other conforming and clarifying changes.


  • Summary date: Apr 14 2011 - More information

    Amends GS 90-85.36, which concerns the availability of pharmacy records under the Pharmacy Practice Act, to clarify that the statute includes written or electronic prescription orders. Adds an HIPAA-covered entity or health care provider, as specified, to the list of persons to whom prescription orders may be disclosed. Amends GS 122C-55, which provides for disclosure of confidential information in certain circumstances, to clarify that any facility (currently, any area or state facility or the psychiatric service of the UNC Hospitals at Chapel Hill) may share confidential information regarding any client of that facility with any other facility (currently, with any area or state facility or the psychiatric service of the UNC Hospitals) to coordinate appropriate and effective care, treatment, or habilitation of the client. Amends GS 122C-55(a6) to permit the Community Care of North Carolina program (CCNC) of the Department of Health and Human Services or other primary care case management program (currently, a DHHS primary care case manager) to disclose specified confidential information to a health care provider or other entity when a written agreement with CCNC or other program exists, to participate in the care management support network and systems. Authorizes providers and entities receiving confidential information to use and disclose the information to conduct quality assessment and improvement activities or to coordinate appropriate and effective care, treatment, or habilitation. Enacts new subsection (a7) to permit a facility to share confidential information with one or more health care providers that are covered entities as indicated, provided the facility first informs the client of the disclosure and allows the client to object in writing. Provides definitions for covered entity and health care provider, and specifies allowable use of the confidential information. Makes a conforming change.
    Amends GS 130A-12, which provides for confidentiality of records, clarifying that information in specified records may be disclosed for treatment, payment, research, or health care operation purposes to the extent permitted under federal law. Makes a conforming change. Amends GS 130A-143, which concerns confidentiality of records containing information on communicable diseases, clarifying that release of such records is allowed for treatment, payment, research, or health care operation purposes to the extent permitted under federal law. Amends GS 131D-21, which sets forth adult care home residents’ rights, clarifying that a resident has the right to have his or her personal and medical records kept confidential, except as permitted or required by state or federal law. Amends GS 131E-144.3, which sets forth home care clients’ rights, clarifying that each client has the right to have his or her personal and medical records kept confidential, except as permitted or required by state or federal law.
    Effective January 1, 2012.


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