The following definitions apply in this Article:

(1) Division. – The Division of Health Service Regulation of the Department of Health and Human Services.

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Terms Used In North Carolina General Statutes 131E-214.1

  • Department: means the Department of Health and Human Services. See North Carolina General Statutes 131E-1
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3

(2) Freestanding ambulatory surgical facility. – A facility licensed under Part 4 of Article 6 of this Chapter.

(3) Hospital. – A facility licensed under Article 5 of this Chapter or Article 2 of Chapter 122C of the N.C. Gen. Stat., but does not include the following:

a. A facility with all of its beds designated for medical type “LTC” (long-term care).

b. A facility with the majority of its beds designated for medical type “PSY-3” (intellectual/developmental disability).

c. A facility operated by the Division of Prisons of the Department of Adult Correction.

(4) Patient data. – Data that includes a patient’s age, sex, race, ethnicity, zip code, third-party coverage, principal and other diagnoses, date of admission, procedure and discharge date, principal and other procedures, total charges and components of the total charges, attending physician identification number, and hospital or freestanding ambulatory surgical facility identification number.

(5) Patient identifying information. – The name, address, social security number, or similar information by which the identity of a patient can be determined with reasonable accuracy and speed either directly or by reference to other publicly available information. The term does not include a number assigned to a patient by a health care provider if that number does not consist of or contain numbers, including social security or drivers license numbers, that could be used to identify a patient with reasonable accuracy and speed from sources external to the health care provider.

(6) Statewide data processor. – A data processor certified by the Division as capable of complying with the requirements of N.C. Gen. Stat. § 131E-214.4 The Division may deny, suspend, or revoke a certificate, in accordance with Chapter 150B of the N.C. Gen. Stat., if the statewide data processor does not comply with or is not capable of complying with the requirements of N.C. Gen. Stat. § 131E-214.4 The Division may promulgate rules concerning the receipt, consideration, and limitation of a certificate applied for or issued under this Article. (1995, c. 517, s. 39(b); 1997-443, s. 11A.118(a); 2007-182, s. 1; 2008-119, s. 2; 2011-145, s. 19.1(h); 2012-83, s. 44; 2017-186, s. 2(yyyyy); 2019-76, s. 22; 2021-180, s. 19C.9(p).)