North Carolina Laws & The HIPAA Privacy Act
To properly compare and contrast North Carolina Laws vs federal laws on medical privacy, we need to first identify what he Federal Health Insurance Portability and Accountability Act is. HIPPA requires healthcare providers to ensure that the health information of an individual is used only for purposes related to operations, payment or treatment. It also requires that only the minimal amount of personal information is disclosed. It also entails that these disclosures are only revealed to persons who need to know the information in order to conduct the practice's operations, obtain payment for services, or treat the patient.
HIPPA also creates and establishes the authority to mandate the use of standards
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All individually identifiable health information (transmitted or held by a covered entity in any form, whether oral, electronic, or paper) is protected under TPR. This information under TPR is referred to as protected health information (PHI). “Individually identifiable health information” is information which pertains to:
• The future, present, or past payment for the provision of health care to the individual which identifies the individual. Some examples of this include Social Security Number, address, name, address, and birth date.
• The individual’s present or past mental or physical condition or
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They are also governed by the Family Education Rights Privacy Act requirements. FERPA and the Individuals with Disabilities Education Act specify what notices of family rights that the CDSAs must provide to their clients. The State Laboratory for Public health is an indirect health care services provider, which does not have direct contact with the clients it serves.
The Division of Public Health continues to comply with North Carolina statutes, which preempt HIPAA when state statutes are more stringent than HIPAA.
All state and federal laws and regulations regarding the protection of private health information are currently adhered to by the North Carolina Division for Public Health (while fulfilling its Public Health mission). In addition, and as part of its ongoing compliance, the Division follows NC DHHS department-level HIPAA policies, procedures, and practices, as