2011-398 Health - Agreement for Orange County Jail Health Plan for 2011

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Provision of health care services; 1. Health and safety of the inmate or other inmates; 2. Health and safety of correctional institution personnel; 3. Health and safety of those personnel responsible for transporting or transferring of inmates; 4. Law enforcement on the institution's premises; 5. The administration and maintenance of the safety, security, and good order of the institution. N.C.G.S 130A 143 has strict confidentiality to information about reportable communicable diseases. The public health regulations allow a local health department director to notify the sheriff if a detention inmate has certain communicable diseases.. This regulation excludes HIV infection and AIDS. The disease must represent a significant threat to the public health. Further, if an inmate has escaped from custody, HIPAA does not restrict the use or disclosure of an inmate's medical information. In such situations, the correctional institution may use or disclose the inmate's personal medical information as long as that use or disclosure is consistent with applicable law and standards of ethics. The inmate's medical record is considered confidential and may not be shared with unauthorized individuals or agencies without the inmate's written consent. Training will be extended to all staff upon orientation as to the importance of maintaining medical confidentiality. Confidentiality Specific to HIV infection and AIDS 1. Any information and records, especially medical records that might identify an inmate as HIV infected, will be kept strictly confidential. The above reflects North Carolina's Law. Federal courts have recognized that inmates retain the rights to privacy that protects against the disclosure of sensitive medical information. 2. Detention center medical staff only under the following circumstances may release the inmates HIV status: a. Release is made to health care personnel who are providing care to this inmate.