§ 130A-15. Access to information. - North Carolina Statutes

§ 130A‑15.  Access toinformation.

(a)        Health careproviders and persons in charge of health care facilities or laboratoriesshall, upon request and proper identification, permit the State Health Directorto examine, review, and obtain a copy of records containing privileged medicalinformation or information protected under the Health Information Portabilityand Accountability Act (HIPAA) medical privacy rule, 45 C.F.R. Parts 160 and164, that the State Health Director deems are necessary to prevent, control, orinvestigate a disease or health hazard that may present a clear danger to thepublic health.

(b)        Privileged medicalinformation or protected health information received by the State HealthDirector pursuant to this section shall be confidential and is not a publicrecord under G.S. 132‑1. The information shall not be released, exceptwhen the release is made pursuant to any other provision of law, to anotherfederal, state, or local public health agency for the purpose of preventing orcontrolling a disease or public health hazard or to a court or law enforcementofficial or law enforcement officer for the purpose of enforcing the provisionsof this Chapter or for the purpose of investigating a disease or public healthhazard.

(c)        A person whopermits examination, review, or copying of records or who provides copies ofthe records pursuant to subsection (a) of this section is immune from any civilor criminal liability that might otherwise be incurred or imposed. (2007‑115, s. 1.)