Who Owns Medical Records: 50 State Comparison StateMedical Record Ownership LawsDetails New York No law identified conferring specific ownership or property right to medical record North Carolina Hospital and/or physician owns medical record 10A N.C. Admin. Code 13B.3903: Medical records are the property of the hospital.49 more rows •
With limited exceptions, the HIPAA Privacy Rule (the Privacy Rule) provides individuals with a legal, enforceable right to see and receive copies upon request of the information in their medical and other health records maintained by their health care providers and health plans.
No Duty to Warn/Protect Some states have no duty to warn and/or protect in situations as outlined in the Tarasoff case. Those states are Maine, North Carolina, North Dakota, and Nevada. North Carolina and Maine, through case law or statute, have affirmatively rejected the Tarasoff duties.
§ 90-21.13. Informed consent to health care treatment or procedure. (3) A reasonable person, under all the surrounding circumstances, would have undergone such treatment or procedure had he been advised by the health care provider in ance with the provisions of subdivisions (1) and (2) of this subsection.
What is the HIPAA Privacy Rule? The Privacy Rule outlines the specific rights of individuals, medical professionals, hospitals, insurers and other “covered entities” that are subject to HIPAA laws. Patient rights include: The right to see and obtain copies of your medical records.
10A NCAC 13B . 3903 North Carolina Department of Health and Human Services is charged with creating policy regarding "health care facilities", and is written primarily for hospitals. ing to the DHHS medical records of a facility must be maintained for at least 11 years after an adult patient's discharge.
A. Adults: 11 years after last date of patient encounter if no litigation, claim, audit, or official action involving the records has been initiated.
Embezzlement under North Carolina General Statute 14-90 occurs when a person (1) fraudulently or knowingly and willingly (2) uses for a purpose other than that for which the defendant received it (3) the property of another (4) held by the defendant under his or her care.
North Carolina's medical records laws hold all privileged patient medical records as confidential, available to pharmacists when necessary. In cases where a medical professional suspects child abuse, however, that person is required to report these findings to law enforcement.