North Carolina General Statutes 131E-207. Confidentiality
(a) 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. § 131E-204:
(1) Department representatives may review any writing or other record concerning the admission, discharge, medication, treatment, medical condition, or history of any person who is or has been a hospice patient; and
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 3 misdemeanor | up to 20 days | up to $200 |
Terms Used In North Carolina General Statutes 131E-207
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Health and Human Services. See North Carolina General Statutes 131E-1
- Department: means the Department of Health and Human Services. See North Carolina General Statutes 131E-201
- Hospice: means any coordinated program of home care with provision for inpatient care for terminally ill patients and their families. See North Carolina General Statutes 131E-201
- 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.
- Person: means an individual, trust, estate, partnership, or corporation including associations, joint-stock companies, and insurance companies. See North Carolina General Statutes 131E-1
(2) Any person involved in treating a patient at or through a hospice may disclose information to a Department representative unless the patient objects in writing to review of his records or disclosure of the information. A hospice shall not release any information or allow any inspections under this section without first informing each affected patient in writing of his right to object to and thereby prohibit release of information or review of records pertaining to him.
A hospice, 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.
(b) The Department shall not disclose:
(1) Any confidential or privileged information obtained under this section unless the patient or his legal representative authorizes disclosure in writing or unless a court of competent jurisdiction orders disclosure; or
(2) The name of anyone who has furnished information concerning a hospice without that person’s consent.
The Department shall institute appropriate policies and procedures to ensure that unauthorized disclosure does not occur. Any Department employee who willfully discloses this information without appropriate authorization or court order shall be guilty of a Class 3 misdemeanor and upon conviction only fined at the discretion of the court but not to exceed five hundred dollars ($500.00).
(c) All confidential or privileged information obtained under this section and the names of persons providing this information shall be exempt from Chapter 132 of the N.C. Gen. Stat.. (1983 (Reg. Sess., 1984), c. 1022, s. 1; 1993, c. 539, s. 965; 1994, Ex. Sess., c. 24, s. 14(c).)