§ 131D-2.14. Confidentiality. - North Carolina Statutes

§ 131D‑2.14. Confidentiality.

Notwithstanding G.S. 8‑53or any other law relating to confidentiality of communications betweenphysician and patient, in the course of an inspection conducted under G.S. 131D‑2.11:

(1)        Departmentrepresentatives may review any writing or other record concerning theadmission, discharge, medication, care, medical condition, or history of anyperson who is or has been a resident of the facility being inspected.

(2)        Any person involvedin giving care or treatment at or through the facility may disclose informationto Department representatives unless the resident objects in writing to reviewof the resident's records or disclosure of such information.

(3)        The facility, itsemployees, and any other person interviewed in the course of an inspectionshall be immune from liability for damages resulting from disclosure of anyinformation to the Department. The Department shall not disclose:

a.         Any confidential orprivileged information obtained under this section unless the resident or theresident's legal representative authorizes disclosure in writing or unless acourt of competent jurisdiction orders disclosure, or

b.         The name of anyonewho has furnished information concerning a facility without that person'sconsent.

TheDepartment shall institute appropriate policies and procedures to ensure thatunauthorized disclosure does not occur. All confidential or privilegedinformation obtained under this section and the names of persons providing suchinformation shall be exempt from Chapter 132 of the General Statutes.

(4)        Notwithstanding anylaw to the contrary, Chapter 132 of the General Statutes, the Public RecordsLaw, applies to all records of the State Division of Social Services of theDepartment of Health and Human Services and of any county department of socialservices regarding inspections of adult care facilities except for informationin the records that is confidential or privileged, including medical records,or that contains the names of residents or complainants.  (2009‑462, s. 1(e).)