TO CONFORM MEDICAL RECORD CONFIDENTIALITY LAWS.
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.
© 2022 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.