58-2-105. Confidentiality of medical and credentialing records.
(a) All patient medical records in the possession of the Department are confidential and are not public records pursuant to G.S. 58-2-100 or G.S. 132-1. As used in this section, "patient medical records" includes personal information that relates to an individual's physical or mental condition, medical history, or medical treatment, and that has been obtained from the individual patient, a health care provider, or from the patient's spouse, parent, or legal guardian.
(b) Under Part 4 of Article 50 of this Chapter, the Department may disclose patient medical records to an independent review organization, and the organization shall maintain the confidentiality of those records as required by this section, except as allowed by G.S. 58-39-75 and G.S. 58-39-76.
(c) Under Part 4 of Article 50 of this Chapter, all information related to the credentialing of medical professionals that is in the possession of the Commissioner is confidential and is a public record neither under this section nor under Chapter 132 of the General Statutes. (1989 (Reg. Sess., 1990), c. 1021, s. 4; 1993 (Reg. Sess., 1994), c. 678, s. 3; 2001-446, s. 5(a); 2002-187, s. 3.4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Commissioner of Insurance.
§ 58-2-1 - Department established.
§ 58-2-5 - Commissioner's election and term of office.
§ 58-2-10 - Salary of Commissioner.
§ 58-2-15 - Chief deputy commissioner.
§ 58-2-25 - Other deputies, actuaries, examiners and employees.
§ 58-2-30 - Appointments of committees or councils.
§ 58-2-31 - Seniors' Health Insurance Information Program.
§ 58-2-35 - Seal of Department.
§ 58-2-40 - Powers and duties of Commissioner.
§ 58-2-45 - Orders of Commissioner; when writing required.
§ 58-2-50 - Examinations, hearings, and investigations.
§ 58-2-52 - Appeals and rate-making hearings before the Commissioner.
§ 58-2-53 - Filing approvals and disapprovals; clarification of law.
§ 58-2-55 - Designated hearing officers.
§ 58-2-60 - Restraining orders; criminal convictions.
§ 58-2-65 - License surrenders.
§ 58-2-70 - Civil penalties or restitution for violations; administrative procedure.
§ 58-2-75 - Court review of orders and decisions.
§ 58-2-80 - Court review of rates and classification.
§ 58-2-85 - Procedure on appeal under § 58-2-80.
§ 58-2-90 - Extent of review under § 58-2-80.
§ 58-2-95 - Commissioner to supervise local inspectors.
§ 58-2-100 - Office of Commissioner a public office; records, etc., subject to inspection.
§ 58-2-105 - Confidentiality of medical and credentialing records.
§ 58-2-110 - Original documents and certified copies as evidence.
§ 58-2-115 - Admissibility of certificate as evidence of agent's authority.
§ 58-2-120 - Reports of Commissioner to the Governor and General Assembly.
§ 58-2-121 - Report of Department to General Assembly committees on various relief funds.
§ 58-2-125 - Authority over all insurance companies; no exemptions from license.
§ 58-2-128 - Interagency consultation.
§ 58-2-131 - Examinations to be made; authority, scope, scheduling, and conduct of examinations.
§ 58-2-132 - Examination reports.
§ 58-2-133 - Conflict of interest; cost of examinations; immunity from liability.
§ 58-2-134 - Cost of certain examinations.
§ 58-2-136 - Insurer records sent to Department for examination; expenses.
§ 58-2-150 - Oath required for compliance with law.
§ 58-2-155 - Investigation of charges.
§ 58-2-161 - False statement to procure or deny benefit of insurance policy or certificate.
§ 58-2-162 - Embezzlement by insurance producers or administrators.
§ 58-2-163 - Report to Commissioner.
§ 58-2-164 - Rate evasion fraud; prevention programs.
§ 58-2-165 - Annual, semiannual, monthly, or quarterly statements to be filed with Commissioner.
§ 58-2-171 - Qualifications of actuaries.
§ 58-2-180 - Punishment for making false statement.
§ 58-2-185 - Record of business kept by companies and insurance producers; Commissioner may inspect.
§ 58-2-190 - Commissioner may require special reports.
§ 58-2-200 - Books and papers required to be exhibited.
§ 58-2-205 - CPA audits of financial statements.
§ 58-2-210 - Rules for mortgage insurance consolidations.
§ 58-2-215 - Consumer Protection Fund.
§ 58-2-230 - Commissioner to share information with Department of Labor.
§ 58-2-240 - Market conduct analysis, financial analysis, and related information not public record.
§ 58-2-245 - Access to employer taxpayer identification numbers contained in public documents.
§ 58-2-250 - Electronic filings.
§ 58-2-255 - Electronic insurance communications and records.