2011 North Carolina General Statutes
Chapter 90 Medicine and Allied Occupations.
Article 29A - North Carolina Health Information Exchange Act.
90-413.8. Penalties and remedies.
90‑413.8. Penalties and remedies.
A covered entity that discloses protected health information in violation of this Article is subject to the following:
(1) Any civil penalty or criminal penalty, or both, that may be imposed on the covered entity pursuant to the Health Information Technology for Economic and Clinical Health (HITECH) Act, P.L. 111‑5, Div. A, Title XIII, section 13001, as amended, and any regulations adopted under the HITECH Act.
(2) Any civil remedy under the HITECH Act or any regulations adopted under the HITECH Act that is available to the Attorney General or to an individual who has been harmed by a violation of this Article, including damages, penalties, attorneys' fees, and costs.
(3) Disciplinary action by the respective licensing board or regulatory agency with jurisdiction over the covered entity.
(4) Any penalty authorized under Article 2A of Chapter 75 of the General Statutes if the violation of this Article is also a violation of Article 2A of Chapter 75 of the General Statutes.
(5) Any other civil or administrative remedy available to a plaintiff by State or federal law or equity. (2011‑337, s. 1.)
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