Health care includes the prevention, treatment, and cure of physical and mental health issues that may affect human beings. Legal issues related health care may arise—including issues related to (1) the provision of health care services; (2) the payment for health care services—by individuals or by insurance; (3) the privacy of medical and health care records; and (4) the right to make health care decisions for ourselves and others.
In North Carolina, health care law encompasses a variety of regulations and statutes that address the provision, payment, privacy, and decision-making authority related to health care services. Health care providers must adhere to state licensing requirements and follow standards of care to avoid malpractice. Payment for health care services can involve direct payments by individuals, insurance claims, and government programs like Medicaid and Medicare. North Carolina has specific laws governing health insurance, including mandates on coverage for certain services. Patient privacy is protected under the Health Insurance Portability and Accountability Act (HIPAA), which applies nationally, and state-specific privacy laws that safeguard medical records and health information. Additionally, North Carolina residents have the right to make their own health care decisions, which can be exercised through instruments like advance directives or health care power of attorney. In situations where individuals cannot make decisions for themselves, the law provides mechanisms for appointed guardians or surrogates to make decisions on their behalf.