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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....
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...