Privacy and Confidentiality in North Dakota
Privacy and Confidentiality in North Dakota
| Subtopic | Statute/Regulation | Description |
|---|
| Confidentiality and disclosure requirements of public health reporting information (disease specific information/registry data) (Cross reference to Public Health Reporting) | Acute cardiovascular system, N.D. Cent Code § 23-47-02 | Acute cardiovascular emergency medical system --Duties of state department of health. Requires the Department of Health to establish an... |
| Autism spectrum disorder database, N.D. Cent. Code § 23-1-41 | Autism spectrum disorder database -- Rulemaking -- Confidentiality Requires the Department of Health to establish an Autism Spectrum Disorder... | |
| Birth Report of child, N.D. Cent. Code § 23-41-04 | Birth report of child with special health care needs -- confidential Classifies reports of children born with visible congenital deformities... | |
| Confidentiality of reports, N.D. Cent. Code § 23-07-02.2 | Confidentiality of reports Classifies HIV/AIDS reports made in compliance with N.D. Cent. Code, § 23-07-02.1 as confidential. Prohibits... | |
| Disclosure of records, N.D. Admin Code 33-06-03-04 | Disclosure of records Classifies the Department of Health’s disease control records as confidential. Defines these records as including... | |
| Disclosure of records, N.D. Cent. Code § 23-07-20.1 | Disclosure of records Makes the disclosure of disease control records or information contained within the records unlawful unless the... | |
| Immunization Data, N.D. Cent. Code § 23-01-05.3 | Immunization Data Authorizes the Department of Health to establish an immunization information system and to require the reporting of... | |
| Report of testing results, N.D. Cent. Code § 23-07-07.6 | Report of testing results Requires the State Department of Health to release information regarding an incarcerated individual’s test... | |
| Reporting of physical or mental disorders, N.D. Cent. Code § 23-07-01.1 | Reporting of physical or mental disorders Requires the Department of Health to define disorders that necessitate reporting to the department... | |
| Reports of HIV infection, N.D. Cent Code § 23-07-02.1 | Reports of HIV infection -- penalty. Requires physicians that treat individuals with HIV/AIDS or an HIV/AIDS related illness to report... | |
| Research and testing materials, N.D. Admin Code 33-06-16-05 | Research and testing materials Classifies information related to the newborn screening program as confidential. Permits disclosure as... | |
| State trauma registry, N.D. Admin Code 33-38-01-08 | State trauma registry Requires the Department of Health to establish a trauma registry and specify data elements. Requires hospitals to... | |
| Trauma system established, N.D. Cent Code § 23-1.2-01 | Trauma system established -- Duties of health council Authorizes the Health Council and Department of Health to establish a trauma system that... |
| Authorization for disclosure and exceptions to authorization requirements | Authorizations, N.D. Admin Code 45-14-01-18 | Authorizations Defines the form and content of a valid authorization to disclose nonpublic personal health information. Includes, among other... |
| Authorized participants, N.D. Admin Code 113-02-01-04 | Authorized participants Permits providers and health carriers (“participants”) to access the North Dakota Health Information... |
| Violations of confidentiality; penalties | Civil Liability, N.D. Cent. Code § 23-07.5-07 | Civil Liability Makes persons that unlawfully disclose blood borne pathogen test results liable for a actual and exemplary damages. |
| Confidentiality of information contained in records, N.D. Cent Code § 50-06-15 | Confidentiality of Information contained in records -- penalty. Classifies individually identifiable information regarding Medicaid... | |
| Grounds for denial of license and certificate, N.D. Cent. Code § 43-28-18 | Grounds for denial of or disciplinary action against license and certificate. Identifies 29 grounds for denying dentist licensure or... | |
| Penalties, N.D. Cent. Code § 23-07-21 | Penalties Classifies persons obligated to report disease information to the Department of Health guilty of a class C felony if they publicly... | |
| Penalty for unauthorized disclosure, N.D. Cent. Code § 23-01.3-09 | Penalty for unauthorized disclosure Makes the knowing disclosure of protected health information in a manner that violates the chapter 23-01.3... | |
| Penalty, N.D. Cent. Code, § 23-07.5-08 | Penalty Makes persons that knowingly disclose blood borne pathogen test results with the intent to disclose the test subject’s identity... |
| Confidentiality of substance abuse records | Client records, N.D. Admin Code 75-09.1-01-22 | Client records Requires substance abuse treatment programs to maintain confidential client records and to establish a policy for client access... |
| Information confidential, N.D. Cent. Code, § 50-31-06 | Information Confidential Classifies records and information regarding persons in substance abuse treatment programs as confidential in... | |
| Information management, N.D. Admin Code 75-09.1-01-06 | Information Management Requires substance abuse treatment programs to collect and submit specified data to the Department of Human Services.... | |
| NDAC 75-09.1-01-21, Referral Criteria | ||
| Rule 19, N.D.R.Juv.P., Juvenile Records |
| Disclosure requirements (what providers can disclose, prohibition on further disclosure) | Clinical record services, N.D. Admin Code 33-03-10.1-16 | Clinical record services Requires home health agencies to maintain clinical records and specifies the content of these records (e.g.,... |
| Confidentiality and the safeguarding of information, N.D. Admin Code 75-01-02-01 | Confidentiality and the Safeguarding of Information Limits the use and disclosure of information maintained by the Department of Human... | |
| Confidentiality of information contained in records, N.D. Cent Code § 50-06-15 | Confidentiality of Information contained in records -- penalty. Classifies individually identifiable information regarding Medicaid... | |
| Confidentiality of records, N.D. Cent Code § 43-17.3-07 | Confidentiality of records Classifies physician health program records as confidential. Prohibits disclosure unless necessary to provide... | |
| Consumers' rights, N.D.Cent Code, § 43-26.1-12 | Consumers' rights Grants consumers the right to a list of practicing physical therapist and physical therapist assistants and the right to... | |
| Disclosure for law enforcement purposes, N.D. Cent. Code, § 23-01.3-06 | Disclosure for law enforcement purposes Permits public health officials to disclose protected health information for law enforcement purposes... | |
| Disclosure of a public health incident, N.D. Cent. Code § 23-01.3-07 | Disclosure of a public health incident. Authorizes public health officials to disclose protected health information (“PHI”)... | |
| Disclosure of nonpublic personal health information, N.D. Admin Code 45-14-01-17 | When authorization required for disclosure of nonpublic personal information Prohibits health carriers from disclosing nonpublic... | |
| Expanded disclosure of test results prohibited, N.D. Cent. Code § 23-07.5-06 | Expanded disclosure of test results prohibited. Limits disclosure of test results for blood borne pathogens to persons tested, persons... | |
| Insurers to provide certain information, N.D. Cent Code § 50-24.1-29 | Insurers to provide certain information to the Department of Human Services, Requires health insurers to disclose information to the... | |
| Medical record services, N.D. Admin Code 33-07-01.1-20 | Medical record services, Requires general acute hospitals to maintain confidential medical records for all admitted patients. Limits... | |
| Nonpublic disclosure in emergency circumstances, N.D. Cent Code § 23-01.3-05 | Nonpublic dislcosure in emergency circumstances Authorizes public health officials to disclose protected health information to health care... | |
| Nonpublic disclosure to a public health authority, N.D. Cent. Code § 23-01.3-04 | Nonpublic disclosure to a public health authority Authorizes health care providers, public health officials, law enforcement, schools,... | |
| Release of information to the Department of Human Services, N.D. Cent Code § 26.1-36-30 | Individual or group accident and health insurer or nonprofit health service corporation responsiblity -- release of information to the Department of... | |
| Resident record services, N.D. Admin Code 33-07-03.2-17 | Resident record services Requires licensed nursing facilities to maintain confidential records for all residents. Grants residents the right... | |
| Use and disclosure of protected health information, N.D. Admin Code 113-02-01-05 | Use and disclosure of protected health information Permits health care providers and health insurance carriers to use and disclose information... | |
| Voluntary participation in health information organization, N.D. Cent. Code § 23-12-19 | Voluntary participation in the health information organization Permits individuals to opt out of North Dakota’s health information... |
| Disclosure of medical information for research purposes (Cross reference Research) | Confidentiality in research projects, N.D. Admin Code 75-01-02-02 | Confidentiality in research projects Permits researchers to access information regarding applicants or recipients of services from the... |
| Disclosure of protected health information, N.D. Cent. Code § 23-01.3-02 | Disclosure of protected health information -- in general. Prohibits the disclosure of protected health information (“PHI”)... |
| Confidentiality of medical records | Confidentiality of information contained in records, N.D. Cent Code § 50-06-15 | Confidentiality of Information contained in records -- penalty. Classifies individually identifiable information regarding Medicaid... |
| Confidentiality of medical information, N.D. Cent. Code § 26.1-36-12.4 | Confidentiality of medical information Requires health insurance carriers to assure the confidentiality of medical information as a condition... | |
| Confidentiality of medical information, N.D.Cent Code § 26.1-18.1-23 | Confidentiality of medical information and limitation of liability Requires Health Maintenance Organizations to maintain the confidentiality... | |
| Confidentiality of records, N.D. Cent Code § 43-17.3-07 | Confidentiality of records Classifies physician health program records as confidential. Prohibits disclosure unless necessary to provide... | |
| Confidentiality, N.D. Admin. Code 33-03-23-05 | Confidentiality Require the Health Care Data Committee (“Committee”) to establish procedures for protecting the... | |
| Consumers' rights, N.D.Cent Code, § 43-26.1-12 | Consumers' rights Grants consumers the right to a list of practicing physical therapist and physical therapist assistants and the right to... | |
| Disciplinary procedure, N.D. Cent. Code § 43-28-18.2 | Disciplinary procedure, Permits the State Board of Dental Examiners to convene a complaint committee to investigate allegations against... | |
| Electronic transmission of prescriptions, N.D. Admin Code 61-04-05-02 | Electronic transmission of prescriptions Permits a practitioner to electronically transmit a prescription to a pharmacy. Requires the... | |
| Exchange and transfer of patient records, N.D. Cent Code § 50-06-15.1 | Exchange and transfer of patient records Requires the Department of Human Services to establish procedures for patient records both within the... | |
| Governing Body, N.D. Admin Code 33-03-10.1-10 | Governing body Identifies the responsibilities of a home health agency’s governing body (e.g., assuring patient safety, complying... | |
| Health care cost and quality review program -- penalty, N.D. Cent. Code § 23-01-24 | Health care cost and quality review program -- penalty. Requires the Department of Health to establish a program to review the quality... | |
| Health Information exchange -- confidential and exempt records, N.D. Cent Code § 54-59-29 | Health information exchange -- confidential and exempt records Classifies health information exchange data and records as an exempt... | |
| Individual participation, N.D. Admin Code 113-02-01-03 | Individual participation Makes participation in the North Dakota Health Information Network the default unless an individual opts-out in... | |
| Medical record services, N.D. Admin Code 33-07-01.1-20 | Medical record services, Requires general acute hospitals to maintain confidential medical records for all admitted patients. Limits... | |
| Nonpublic disclosure to a public health authority, N.D. Cent. Code § 23-01.3-04 | Nonpublic disclosure to a public health authority Authorizes health care providers, public health officials, law enforcement, schools,... | |
| Privacy and security provisions, N.D. Admin Code 113-02-01-08 | Privacy and security provisions Requires the North Dakota Health Information Network to establish privacy and security protections. Requires... | |
| Psychiatric services in hospitals, N.D. Admin Code 33-07-01.1-36 | Psychiatric services in hospitals Establishes licensure standards for psychiatric services in general acute hospitals that provide such... | |
| Purpose and scope, N.D. Cent. Code § 26.1-26.4-01 | Purpose and scope Identifies the purpose and scope of chapter 26.1-26.4 as promoting quality, cost-effective health care, regulating... | |
| Quality assurance program, N.D. Cent. Code, § 26.1-18.1-06 | Quality assurance program Requires HMOs to establish an internal quality assurance program. Specifies the necessary elements of the program (e... | |
| Resident record services, N.D. Admin Code 33-07-03.2-17 | Resident record services Requires licensed nursing facilities to maintain confidential records for all residents. Grants residents the right... | |
| Residents' rights -- Implementation, N.D. Cent. Code § 50-10.2-02 | Residents' rights -- Implementation Specifies the rights of health care facility residents. These 20 rights include the right to receive... |
| Privacy and Confidentiality | N.D. Admin. Code 75-09.1-01-23 | Client rights All substance abuse treatment information must be handled confidentiality, in accordance with the applicable state and federal statutes... |
| NDAC 33-07-01.1-08 | Enforcement North Dakota may suspend or revoke a hospital’s licensure various offenses including noncompliance with the hospital licensure... | |
| NDAC 33-07-01.1-20 | Medical Records Services Licensed North Dakota Acute Care Hospitals, Primary Care Hospitals, and Specialized Hospitals must: Assign... | |
| NDCC, 43-17-31 | Grounds for Disciplinary Action North Dakota authorizes the discipline of licensed physicians on the basis of numerous grounds including the “... |
| Confidentiality and disclosure requirements of peer review information (Cross reference to Medical Peer Review) | Peer review -- Confidentiality, N.D. Cent. Code § 23-34-02 | Peer review -- Confidentiality Classifies peer review records as confidential and limits their use to peer reviews. Permits health care... |
| Peer review of services and fees, N.D. Cent Code § 43-06-14.1 | Peer review of services and fees Permits the State Board of Chiropractic Examiners to appoint a peer review committee to investigate... | |
| Peer review organization records, N.D. Cent. Code § 23-34-03 | Peer review organization records, Classifies peer review records as privileged. Prohibits the discovery, subpoena, or use of such... |
| Patient’s right to confidentiality of medical records/medical information | Pharmacy patient's bill of rights, N.D. Admin Code 61-04-07-01 | Pharmacy patient's bill of rights Grants pharmacy patients 11 rights including the right to view their patient records, the right to... |
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