PBH Consumer Affairs

If you enter a 24-hour treatment facility, you will be given, and have explained to you, the specific rules for that facility. These rules must be given to you within 72 hours or within your first 3 visits to the program. These rules will cover hygiene and grooming, your living environment, storage and protection of clothing and possessions, and your personal funds. These rules are in Subchapter 27F of the 10A North Carolina Administrative Code, sections .0100 through .0105.

Client Rights Rules for community mental health, developmental disability and substance abuse services are available free on the Internet at: http://www.dhhs.state.nc.us.

Your Treatment Records are Confidential unless you or your guardian give written permission for records to be available to others, there is an emergency, or your treatment is court ordered.

You have the right to confidentiality. The law protects the confidentiality of your care and treatment. Except as allowed by law and agency regulations, your records and other information about you will not be released without your written permission. Circumstances under which we may be required to share information with another person or agency about the services you receive include:

If you give permission we may share information with any person that you name.
Your next of kin may be informed that you are a patient, if it is in your best interest.
With your permission, your next of kin, a family member with a legitimate role in your service, or another person whom you name, may be given other information about your care.
A consumer advocate may review your record when assigned to work on your behalf.
The court may order us to release your records.
PBH’s attorney may need to see your file because of legal proceedings.
Another public agency may need to receive your files when your care is transferred.
If you become imprisoned, we may have to share your file with prison officials.
In an emergency another professional who is treating you may receive your records.
A physician or other professional who referred you to a Network program or facility may receive your files.
If a service provider believes that you are a danger to yourself or to others, or it is believed that you are likely to commit a crime or that you are abusing or neglecting your children, that person is responsible to share this information with law enforcement and DSS.
Special rules may apply if you have a legal guardian appointed, are a minor, or are receiving treatment for substance abuse.

PBH can disclose to your next of kin when you are admitted or discharged from a facility, but only if you have not objected.

If you are a minor, you have the right to agree to some treatments without the consent of your parent or guardian:

If you disagree with what a physician, case manager or community support staff has written in your records, you can write a statement from your point of view to go in your record, but the original notes will also stay in your file for 25 years.

Since there is no guarantee of adequate firewalls for electronic mail, PBH staff and contractors cannot transmit e-mail with individuals about their personal or health matters. Individual related information should be communicated by paper mail, face-to-face, or by telephone.

To lodge a complaint, call the Office of Consumer Affairs 704-721-7007.

If you ever think your privacy and confidentiality have been violated, or have questions about privacy, you can reach PBH’s HIPAA Privacy Officer at 704-721-7000. HIPAA stands for the Health Insurance Portability and Accountability Act of 1996.

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