§ 131E-207. Confidentiality. - North Carolina Statutes

§ 131E‑207.  Confidentiality.

(a)        Notwithstanding G.S. 8‑53 or any other law relating toconfidentiality of communications between physician and patient, in the courseof an inspection conducted under G.S. 131E‑204:

(1)        Department representatives may review any writing or otherrecord concerning the admission, discharge, medication, treatment, medicalcondition, or history of any person who is or has been a hospice patient; and

(2)        Any person involved in treating a patient at or through ahospice may disclose information to a Department representative unless thepatient objects in writing to review of his records or disclosure of theinformation.  A hospice shall not release any information or allow anyinspections under this section without first informing each affected patient inwriting of his right to object to and thereby prohibit release of informationor review of records pertaining to him.

A hospice, its employees and any other person interviewed in the courseof an inspection shall be immune from liability for damages resulting fromdisclosure of any information to the Department.

(b)        The Department shall not disclose:

(1)        Any confidential or privileged information obtained underthis section unless the patient or his legal representative authorizes disclosurein writing or unless a court of competent jurisdiction orders disclosure; or

(2)        The name of anyone who has furnished information concerninga hospice without that person's consent.

The Department shall institute appropriate policies and procedures toensure that unauthorized disclosure does not occur.  Any Department employeewho willfully discloses this information without appropriate authorization orcourt order shall be guilty of a Class 3 misdemeanor and upon conviction onlyfined at the discretion of the court but not to exceed five hundred dollars($500.00).

(c)        All confidential or privileged information obtained underthis section and the names of persons providing this information shall beexempt from Chapter 132 of the General Statutes. (1983 (Reg. Sess., 1984), c. 1022, s. 1; 1993, c. 539,s. 965; 1994, Ex. Sess., c. 24, s. 14(c).)