North Carolina General Statutes 131D-2.14. Confidentiality
Notwithstanding N.C. Gen. Stat. § 8-53 or any other law relating to confidentiality of communications between physician and patient, in the course of an inspection conducted under N.C. Gen. Stat. § 131D-2.11:
(1) Department representatives may review any writing or other record concerning the admission, discharge, medication, care, medical condition, or history of any person who is or has been a resident of the facility being inspected.
Terms Used In North Carolina General Statutes 131D-2.14
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Any person involved in giving care or treatment at or through the facility may disclose information to Department representatives unless the resident objects in writing to review of the resident’s records or disclosure of such information.
(3) The facility, its employees, and any other person interviewed in the course of an inspection shall be immune from liability for damages resulting from disclosure of any information to the Department. The Department shall not disclose:
a. Any confidential or privileged information obtained under this section unless the resident or the resident’s legal representative authorizes disclosure in writing or unless a court of competent jurisdiction orders disclosure, or
b. The name of anyone who has furnished information concerning a facility without that person’s consent.
The Department shall institute appropriate policies and procedures to ensure that unauthorized disclosure does not occur. All confidential or privileged information obtained under this section and the names of persons providing such information shall be exempt from Chapter 132 of the N.C. Gen. Stat..
(4) Notwithstanding any law to the contrary, Chapter 132 of the N.C. Gen. Stat., the Public Records Law, applies to all records of the State Division of Social Services of the Department of Health and Human Services and of any county department of social services regarding inspections of adult care facilities except for information in the records that is confidential or privileged, including medical records, or that contains the names of residents or complainants. (2009-462, s. 1(e).)