OWNERSHIP OF RECORDS

OWNERSHIP OF RECORDS

All records, including those that contain confidential information, which are generated in connection with the performance of any function of The Ship Group Community Services , LLC., is the property of the program.

Original client records may be removed from an agency office only under these circumstances:

A.     In accordance with a subpoena to produce document or object or other order of the court or when a              client record is need for a district court hearing held in accordance with Article 5 of Chapter 122C of the           NC General statutes;

B.     Whenever a client’s records are needed for treatment or audit purposes, records may be transported                within the organization or between state agencies.

C.     In situations where the agency determines it is not feasible or practical to copy the record or portions              thereof, records may be transported by and remain in the custody of a delegate employee

D.     Whenever a client expires at an area agency and an autopsy is to be conducted, the record may be                  transported in compliance with rule .0108 of this subchapter.

2. The Ship Group Community Services has developed policies and procedures regarding fees for the reproduction of client records. It is the policy of The Ship Group Community Services to provide reproduction of the client record, upon obtaining authorization to release information from the client or legal guardian, at a rate of $1.00 per page. This fee is subject to change.

PRIVACY OFFICER

As delegated by the CEO, the Program Director or an authorized Qualified Professional who demonstrates competency in HIPAA and Clients Rights has the responsibility for releasing confidential information, per the signed consents of the client or the client’s legally responsible person. Documentation of the release must be placed in the client record. Documentation shall include the Qualified Professional’s signature, the date of the release and the client’s authorization for release. The Program Director shall release confidential information under the conditions contained herein to the Client Rights Committee members when fulfilling their function as set forth in 10A NCAC 28A .0207 and when consulted in connection with training or treatment of the client.

CONSENT TO RELEASE INFORMATION

The client’s legally responsible person, or clients who turn age eighteen (18) while in the program or upon leaving the program, may sign a Consent to Disclose Confidential Information Form.

Minor clients may sign a consent for release of confidential information under the following conditions:

1. When seeking services for venereal disease (G.S. 90-21.5) and other reportable diseases under G.S. 130A-135;

2. When seeking services for pregnancy;

3. When seeking services for abuse of controlled substances or alcohol or emotional disturbances;

4. When married or divorced;

5. When emancipated by a decree issued by a court of competent jurisdiction;

6. When a member of the armed services; or

7. Personal representative of a deceased client, if the estate is being settled or next of kin of a deceased client if the estate is not settled.

REVIEW OF DECISIONS

All clients, client’s legally responsible persons, or employees may request a review of any decisions made under the rules in this Subchapter by The Ship Group Community Services Director, or if elsewhere within the Division, by the Division director.

VERIFICATION OF AUTHORIZATION

In cases of doubt and or the validity of an authorization is in question, the Privacy Officer shall contact the client or the client’s legally responsible person to confirm the validity of the consent. Once validity is confirmed, the Privacy Officer shall document the telephone or written consent in the client’s record using a Case Communication Note. This Case Communication will be filed in the record immediately preceding the consent form.