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10A N.C. Admin. Code 26B.0105 - Mental Health Facility Ownership of Records

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All records are the property of the facility. Original client records may be removed from an area or state facility premises only under the following conditions:

  • By subpoena or other court order or when client records are needed for district court hearings held in accordance with Article 5 of Chapter 122C of the N.C. General Statutes;
  • For treatment/habilitation or audit purposes, so long as records are transported within an area facility or between state facilities;
  • When records are needed by a local health care provider and it is not feasible or practical to copy the client record, but the record must remain in the custody of a delegated employee;
  • In the event of a client death at an area or state facility and an autopsy is to be conducted, the record may be transported to the agency wherein the autopsy will be performed provided the agency complies with Rule .0108 of this Subchapter.

Area facilities shall develop written policies and procedures regarding fees for the reproduction of client records. Unless otherwise provided, state facilities shall charge uniform fees for the reproduction of client records, which are: five dollars ($5.00) for up to three pages and fifteen cents ($0.15) for each additional page. State facilities shall not charge for the reproduction of client records in the following types of situations:

  • Professional courtesy when records are requested by health care providers;
  • Third party payors when the state facility will derive direct financial benefits;
  • Providers of support services as defined in G.S. 122C-3;
  • Attorneys representing the Attorney General's office and Special Counsel;
  • Other situations determined by the state facility to be for good cause;
  • When indigent clients request pertinent portions of their client records necessary for the purpose of establishing eligibility for SSI, SSADIB, Medicaid, or other legitimate aid; or
  • Whenever state facilities utilize private photocopy services wherein the photocopy service, rather than the state facility, bills the recipient of the information based on the usual and customary fee established by the copy service.



Current as of June 2015