State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_20B

§ 90‑21.20B.  Access toand disclosure of medical information for certain purposes.

(a)        NotwithstandingG.S. 8‑53 or any other provision of law, a health care provider maydisclose to a law enforcement officer protected health information only to theextent that the information may be disclosed under the federal Standards forPrivacy of Individually Identifiable Health Information, 45 C.F.R. § 164.512(f)and is not specifically prohibited from disclosure by other state or federallaw.

(a1)      Notwithstanding anyother provision of law, if a person is involved in a vehicle crash:

(1)        Any health careprovider who is providing medical treatment to the person shall, upon request,disclose to any law enforcement officer investigating the crash the followinginformation about the person: name, current location, and whether the personappears to be impaired by alcohol, drugs, or another substance.

(2)        Law enforcementofficers shall be provided access to visit and interview the person uponrequest, except when the health care provider requests temporary privacy formedical reasons.

(3)        A health careprovider shall disclose a certified copy of all identifiable health informationrelated to that person as specified in a search warrant or an order issued by ajudicial official.

(b)        A prosecutor or lawenforcement officer receiving identifiable health information under thissection shall not disclose this information to others except as necessary tothe investigation or otherwise allowed by law.

(c)        A certified copy ofidentifiable health information, if relevant, shall be admissible in anyhearing or trial without further authentication.

(d)        As used in thissection, "health care provider" has the same meaning as in G.S. 90‑21.11.

(e)        NotwithstandingG.S. 8‑53 or any other provision of law, a health care provider maydisclose protected health information for purposes of treatment, payment, orhealth care operations to the extent that disclosure is permitted under 45C.F.R. § 164.506 and is not specifically prohibited by other state or federallaw. As used in this subsection, "treatment, payment, or health careoperations" are as defined in the Standards for Privacy of IndividuallyIdentifiable Health Information. (2006‑253, s. 17; 2007‑115, s. 3.)