Did you know ?

 North Carolina (NC) HIPAA laws are the federal HIPAA regulations, which apply to all North Carolina healthcare providers and entities, setting standards for protecting patient health information. These laws give patients rights, including access to their records and the ability to request corrections. Healthcare providers must follow these federal rules to maintain patient confidentiality and can face penalties for violations.

 Key aspects of NC HIPAA laws

• Federal application: HIPAA is a federal law, meaning it applies equally to all healthcare providers in NC, regardless of state-specific rules. 
• Healthcare provider duties:
  • Providers have a duty of care to protect patient confidentiality. 
  • They must implement safeguards to protect patient health information (PHI). 
  • Violations can lead to sanctions, fines, and lawsuits. 
• Patient rights: Patients have several rights under HIPAA, including: 
  • The right to access and get copies of their medical records. 
  • The right to request amendments or corrections to their health information. 
  • The right to limit who can see their information and to request restrictions on certain uses and disclosures. 
  • The right to receive a Notice of Privacy Practices from their provider. 
  • The right to file a complaint if they believe their rights have been violated. 
• Use and disclosure of information:
  • Health information cannot be used or shared without written permission unless permitted by HIPAA. 
  • Examples of permissible uses without authorization include treatment, payment, and healthcare operations. 
  • Providers are generally prohibited from sharing information with employers or for marketing without authorization. 
  • The "minimum necessary" rule requires providers to limit disclosures to the minimum amount of information needed for the purpose. 

How to file a complaint

• You can file a complaint with your healthcare provider or health insurer. 
• You can also file a complaint with the U.S. Department of Health and Human Services (HHS) if you believe your HIPAA rights have been violated. 

 Confidentiality for peer support agencies in North Carolina is governed by a combination of state and federal laws, requiring strict protection of personal information, but with key exceptions. Information can be disclosed with the individual's written consent or if the law requires it, such as in cases of suspected child abuse, a court order, or threats of imminent harm to self or others. Peer support agencies must implement policies to safeguard information and only release it according to these legal boundaries. Confidentiality requirements

• General rule: Peer support communications are confidential, and agencies must take measures to protect the information.
• Consent: Information can be disclosed if the individual gives written consent.
• Mandatory reporting: Confidentiality does not apply when state or federal law requires reporting, such as for:
  • Suspected child abuse or neglect.
  • Abuse, neglect, or threat of harm to an older or vulnerable individual.
• Imminent danger: Information can be disclosed if there is a clear and substantial risk of imminent serious injury or death to the individual or others.
• Court orders: Information can be disclosed in response to a court order, but for substance abuse records, the order must comply with specific federal regulations. A subpoena alone is not enough; it requires the client's consent or a court order.
• Law enforcement: Information can be released to law enforcement agencies with proper credentials when necessary. 

How to comply with confidentiality laws

• Implement policies: Agencies must have a written policy on confidentiality and participant protection.
• Secure records: Protect both paper and electronic records by storing them securely and controlling access.
• Train staff: Staff should be trained on all confidentiality policies and legal requirements. 

 A peer support code of ethics provides guidelines for professional conduct, focusing on maintaining boundaries, respecting peers, and acting with integrity. Key principles include honesty, empathy, and avoiding personal gain from the professional relationship, such as accepting significant gifts or engaging in financial transactions. The code also covers maintaining confidentiality, advocating for peers, and acting within one's scope of practice and expertise.

 Core principles and standards

• Professional boundaries: Avoid financial transactions, intimate relationships, or accepting gifts of significant value from peers.
• Honesty and integrity: Be truthful with peers and maintain high standards of personal and professional conduct.
• Respect and dignity: Treat peers with kindness, warmth, and respect, valuing their diversity and uniqueness.
• Empathy and empowerment: Actively listen to peers and empower them to make their own choices and achieve their goals.
• Confidentiality: Protect a peer's private information and only share it with prior written consent or as required by law. 

Prohibited behaviors

• Abuse and intimidation: Never use physical force, verbal or emotional abuse, threats, harassment, or intimidation.
• Unwarranted promises: Do not make promises of benefits to peers.
• Exploitation: Do not use your role for personal gain, such as promoting products or services for your own benefit.
• Inappropriate relationships: Do not engage in sexual or intimate relationships with peers, and avoid providing services to anyone you have had a prior intimate relationship with.
• Scope of practice: Do not perform services or offer advice outside your area of training and expertise. 

Responsibilities

• Reporting violations: Report violations of the code of ethics by other certified peer support specialists to the appropriate certifying body.
• Advocacy: Serve as an advocate for the people you serve.
• Service continuity: Do not abandon peers; if you must discontinue services, do so with their knowledge and provide a referral for continued support if appropriate. 

 In North Carolina, peer support clients have rights including the ability to partner with their counselor on a rehabilitation plan, maintain confidentiality of their case record, and have timely decisions on their eligibility for services. Clients can also participate in decisions about closing their case, review their case record, appeal decisions, and receive a communication format appropriate to their disability. These rights are rooted in general mental health principles like appropriate care and informed consent.

 Key client rights

• Right to partner in planning: You have the right to be a partner with your counselor in making informed choices for your rehabilitation plan, including setting goals and helping to write the plan.
• Right to confidentiality: Your case record is confidential, and you have the right to review it with a staff member present.
• Right to a timely decision: You are entitled to a timely decision on your eligibility for services, and if denied, you must receive a written explanation for the denial.
• Right to appeal: If you disagree with a decision made about your case, you have the right to appeal it.
• Right to appropriate communication: You must be provided with a form of communication that is appropriate for your disability.
• Right to informed consent: You have the right to informed consent in psychiatric care.
• Right to refuse treatment: You have the right to refuse mental health treatment.
• Right to access records: You have the right to access mental health records. 

Key client responsibilities

• Participate in your plan: You are responsible for fully participating in your rehabilitation plan.
• Follow through: You are expected to follow through with your rehabilitation plan.
• Communicate and ask questions: You should communicate with your counselor and ask questions when you don't understand services.
• Keep appointments: You must keep all appointments or let your counselor know beforehand if you cannot. 

Help us continue to provide support and services to families in need by making a donation. Every contribution makes a difference.