GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2023-95
HOUSE BILL 484
AN ACT to modify the law pertaining to the release of confidential information by mental HEALTH providers to conform to federal regulations.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 122C‑53(a) reads as rewritten:
"(a) A facility may
disclose confidential information regarding a client if the client or the legally responsible person consents in
writing to the release of the information
to a specified person. This
release is valid for a specified length of time and which is subject
to revocation by the consenting individual. A written release that contains
the core elements for authorizations as set forth in Subpart E of Part 164 of
Title 45 of the Code of Federal Regulations shall be valid for the purposes of
SECTION 2. The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services shall adopt temporary rules to implement this act. The temporary rules shall remain in effect until permanent rules that replace the temporary rules become effective.
SECTION 3. This act is effective October 1, 2023, and applies to releases of information consented to on or after that date.
In the General Assembly read three times and ratified this the 3rd day of July, 2023.
s/ Carl Ford
Presiding Officer of the Senate
s/ Erin Paré
Presiding Officer of the House of Representatives
s/ Roy Cooper
Approved 12:30 p.m. this 10th day of July, 2023