10A N.C. Admin. Code 23H .0111 - DISCLOSURE WITHOUT CLIENT CONSENT
(a) Client
information from the Medicaid record may be disclosed without the consent of
the client under the following circumstances:
(1) To other employees of the county
department of social services for purpose of making referrals, supervision,
consultation, or determination of eligibility;
(2) To other county departments of social
services when the client moves to that county and requests Medicaid;
(3) Between the county departments of social
services and the Division of Health Benefits for purposes of supervision and
reporting.
(b) Client
information may be disclosed without client consent to individuals approved by
the Division to conduct studies of client records. The request to conduct the
study shall be in writing, and shall be approved based upon:
(1) An explanation of how the findings of the
study are expected to expand knowledge and improve professional practices among
those who work in the field studied;
(2) A description of how the study will be
conducted and how the findings will be used;
(3) The individual's credentials in the area
of investigation;
(4) A description
of how the individual will safeguard the information; and
(5) An assurance that no report will contain
the names of individuals or other information that makes individuals
identifiable.
(c) Client
information may be disclosed without consent to federal, State , or county
employees for the purpose of monitoring, auditing, evaluating, or to facilitate
the administration of other State and federal programs, provided that the need
for the disclosure of confidential information is justifiable for the purpose
and that adequate safeguards, as described in
42 C.F.R.
431.300, which is incorporated by reference
with subsequent amendments and editions and available free of charge at
https://www.ecfr.gov/, are maintained to protect the information from
re-disclosure.
(d) Client
information may be disclosed without consent for purposes of complying with
other State and federal statutes, rules, and regulations and court
orders.
(e) When information is
released without the client's consent, the client shall be informed of the
disclosure in writing to explain what information was released, how it was
released, and how to contact the privacy official. The writing informing the
client of the disclosure shall be documented in the record.
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