122C-192. Review and protection of information.
(a) Notwithstanding G.S. 8-53, G.S. 8-53.3, or any other law relating to confidentiality of communications involving a patient or client, as needed to ensure quality assurance activities, the Secretary may review any writing or other record concerning the admission, discharge, medication, treatment, medical condition, or history of a client of an area authority or State facility. The Secretary may also review the personnel records of employees of an area authority or State facility.
(b) An area authority, State facility, its employees, and any other individual interviewed in the course of an inspection are immune from liability for damages resulting from disclosure of any information to the Secretary.
Except as required by law, it is unlawful for the Secretary or his representative to disclose:
(1) Any confidential or privileged information obtained under this section unless the client or his legally responsible person authorizes disclosure in writing; or
(2) The name of anyone who has furnished information concerning an area authority or State facility without that individual's consent.
Violation of this subsection is a Class 3 misdemeanor punishable only by a fine, not to exceed five hundred dollars ($500.00).
(c) The Secretary shall adopt rules to ensure that unauthorized disclosure does not occur.
(d) All confidential or privileged information obtained under this section and the names of individuals providing such information are not public records under Chapter 132 of the General Statutes. (1985, c. 589, s. 2; 1993, c. 539, s. 926; 1994, Ex. Sess., c. 24, s. 14(c).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985
§ 122C-112.1 - (Effective until contingency met see note) Powers and duties of the Secretary.
§ 122C-113 - Cooperation between Secretary and other agencies[Effective until January 1, 2023]
§ 122C-114 - Powers and duties of the Commission.
§ 122C-115 - Duties of counties; appropriation and allocation of funds by counties and cities.
§ 122C-115.2 - LME business plan required; content, process, certification.
§ 122C-115.3 - Dissolution of area authority.
§ 122C-115.4 - Functions of local management entities[Effective until January 1, 2023]
§ 122C-116 - Status of area authority; status of consolidated human services agency.
§ 122C-117 - Powers and duties of the area authority[Effective until January 1, 2023]
§ 122C-118.1 - Structure of area board.
§ 122C-118.2 - Establishment of county commissioner advisory board.
§ 122C-119 - Organization of area board.
§ 122C-119.1 - Area Authority board members' training.
§ 122C-120 - Compensation of area board members.
§ 122C-120.1 - Job classifications; director and finance officer.
§ 122C-123 - Other agency responsibility.
§ 122C-123.1 - Area authority reimbursement to State for disallowed expenditures.
§ 122C-125 - Area Authority financial failure; State assumption of financial control.
§ 122C-126.1 - Confidentiality of competitive health care information.
§ 122C-127 - Consolidated human services board; human services director.
§ 122C-131 - Composition of system.
§ 122C-141 - Provision of services.
§ 122C-142 - Contract for services.
§ 122C-142.2 - Presentation at a hospital for mental health treatment.
§ 122C-143.1 - Policy guidance.
§ 122C-144.1 - Budget format and reports.
§ 122C-145 - Renumbered as G.S122C-151.2 by Session Laws 1993, c321, s220.
§ 122C-146 - Uniform co-payment schedule.
§ 122C-147 - Financing and title of area authority property.
§ 122C-147.1 - Appropriations and allocations.
§ 122C-147.2 - Purchase of services and reimbursement rates.
§ 122C-151 - Responsibilities of those receiving appropriations.
§ 122C-151.2 - Appeal by area authorities and county programs.
§ 122C-151.3 - Dispute with area authorities or county programs.
§ 122C-151.4 - Appeal to State MH/DD/SA Appeals Panel.
§ 122C-153 - Defense of agents, employees, and board members.
§ 122C-155 - Supervision of services.
§ 122C-156 - Salary plan for employees of the area authority.
§ 122C-157 - Establishment of a professional reimbursement policy.
§ 122C-158 - Privacy of personnel records.
§ 122C-170 - Local Consumer and Family Advisory Committees.
§ 122C-171 - State Consumer and Family Advisory Committee.
§ 122C-181 - Secretary's jurisdiction over State facilities.
§ 122C-182 - Authority to contract with area authorities.
§ 122C-183 - Appointment of employees as police officers who may arrest without warrant.
§ 122C-184 - Oath of special police officers.
§ 122C-185 - Application of funds belonging to State facilities.
§ 122C-186 - General Assembly visitors of State facilities.