FAQs
A communicable disease is reportable if it appears on the NC Commission for Public Health’s list of reportable communicable diseases, or if it is the subject of a state health director temporary order to report.
NC law requires the following people to make reports to the local health director:
- Physicians
- School principals and child care operators
- Operators of restaurants/other food or drink establishments
- Persons in charge of laboratories
Medial facilities are allowed, but not required, to make reports.
Local health directors are required to make reports to the state, and to other local health directors when the reported person resides in another health department’s jurisdiction.
Usually no. Sometimes the reporting requirement may specify that reports are required only after a disease or condition has been confirmed through laboratory testing. For example, only confirmed HIV is reportable. But in most cases, a report is required when the physician has reason to suspect that a person about whom the physician has been professionally consulted has a communicable disease or condition.
Yes, if the state health director issues an order requiring such reports. North Carolina laws authorize the state health director to issue a temporary order requiring health care providers to report symptoms, diseases, conditions, trends in use of health care services, or other health-related information, in either of two circumstances:
- When the information is needed for the investigation or surveillance of an illness, condition, or symptoms that may indicate a communicable disease (G.S. 130A-141.1), or
- When the information is needed for the investigation or surveillance of an illness, condition, or symptoms that may indicate an illness or condition caused by bioterrorism [G.S. 130A-476(b)].
A temporary order issued under the authority of one of these laws is valid for up to 90 days.
No. To the contrary, HIPAA specifically allows physicians and facilities that are HIPAA-covered entities to make these reports. There are two sections of the HIPAA privacy rule that expressly allow covered entities to report communicable diseases or conditions to public health officials:
- Section 164.512(a) allows health care providers to disclose protected health information when the disclosure of information is required by another law, such as a state law. North Carolina state laws that require physicians to report fit into this category.
- Section 164.512(b) specifically allows health care providers to disclose protected health information to a public health authority that is authorized by law to receive the information for public health purposes, including the investigation or control of diseases. A North Carolina state law authorizing but not requiring medical facilities to report fits into this category.
G.S. 130A-142 provides immunity from liability for persons who make reports in good faith.
