Mecklenburg County Health Department
Administration A-33
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Confidentiality
Origin: 06/99
Reviewed: 10/02, 4/06
Revised: 4/06, 6/08, 8/08, 7/09, 2/10
Ref: NC AC Chapter 19, Subchapter 19A Sections-.0101-0104, .0406; NC GS 130A;
Title X, section 5.1 132, 137, 140, 142, 143
Policy: The Mecklenburg County Health Department assures the privacy and confidentiality of each patient/client seen within its clinical services. All medical information is confidential and is handled in accordance with current Federal, State laws, regulations and guidelines and in accordance to all public health laws and statues as applicable to the Mecklenburg County Health Department.
Purpose: To protect the right to privacy for each patient/client and assure the confidentiality
of all information relating to their medical care and services is managed in
accordance to current rules, regulations and guidelines.
Procedure:
A. All patient/client information must be kept in Patient Records at each Health Department location or in an approved, secure area according to program guidelines. When in the clinical area, the medical record is the responsibility of clinic staff.
B. All employees/student/visitor of the Mecklenburg County Health Department staff during Orientation will read and sign a Confidentiality Statement and update it annually; it will be maintained in their departmental personnel file. (Attachment A-33a)
C. An employee/student/visitor that releases or discusses confidential patient/client information to unauthorized persons commits a serious breach of confidentiality and will be subject to disciplinary action, up to and including termination.
D. Employees/student/visitor shall not access or attempt to access data, except that which is approved by management staff and is validated as necessary to the performance of their duties.
E. An employee/student/visitor with knowledge concerning a patient/client’s medical
information shall not discuss the information with other Health Department employees
unless necessary for the performance of duties. *
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A-33
F. Patient/client interviews and telephone conversations shall be conducted in a manner to ensure the privacy and confidentiality of the subjects discussed.
G. Information concerning patients/clients shall not be released to anyone outside of the Health Department without a proper, signed Release of Information form from the patient/client.
1. Exception:
North Carolina WIC policy permits release of information under specified conditions. (Attachment A-33c)
2. Exception:
North Carolina law requires physicians and laboratories to report certain conditions to the Communicable Disease Control and STD/HIV Tracking and Enforcement Programs within the local health department under NC GS 130A-143: “Confidentiality of Records”; and NC AC .0104: “Release of Communicable Disease Records: Research Purposes”. (Attachments A-33d and A-33e)
3. Exceptions:
(a) The Health Department can release information when deemed
necessary to control the spread of communicable diseases.
(b) North Carolina Law permits physicians and local Health
Departments to access immunization information without signed consent under NC AC .0406: “Access to Immunization Information”. (Attachment A-33)
ASSURANCE OF CONFIDENTIALITY STATEMENT
As an employee/student/visitor of the Mecklenburg County Health Department, I understand I may have access to information (verbal, written, experienced or otherwise) that will pertain to persons who are receiving or have received services from the Mecklenburg County Health Department. After having read the confidentiality regulations and these regulations having been fully explained to me, I understand that this information is strictly confidential.
I understand that any information regarding a client served in the Mecklenburg County Health Department is protected by the confidentiality regulations (10-NCAC, 18D, APSM 45-1) as developed by the Division of Mental Health, Mental Retardation and Substance Abuse Services and by the N. C. General Statutes 122C-51 through 56 which insure the privileged and confidential nature of client information.
I have been informed regarding the liability of persons with access to client information, as follows:
1. Disclosure of confidential information to persons not authorized to receive such information during or after my employment can result in prosecution and a fine of up to $500.00 (G.S. 122C-52 (e)).
2. Violation of any of the Federal regulations relating to confidentiality of alcohol and drug abuse patient records may result in a fine of up to $500.00 for a first offense and up to $5,000.00 for a subsequent offense. (Title 42-Public Health, Chapter 2, Subpart A, 408, 2 (f)).
3. Failure to comply with the confidentiality regulations (10-NCAC 18D, APSM 45-1) and N. C. General Statutes 122C-51 through 56 and the federal regulations (42-CFR, Part 2) can be grounds for immediate termination of employment/assignment (Ref. County Personnel Policy, Page 40, Group a, #4).
My signature below indicates that I understand and have been fully informed regarding the contents of this document and agree to protect and preserve the confidential nature of all client information to which I have access.
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Signature Title Date
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Witness Signature Title Date