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Finding a way to share confidential information in a legally compliant manner can be challenging, and in many cases, simply not possible. North Carolina does not have a state law that allows for broad information sharing between all members of an adult protection MDT. Some states have laws that allow adult protection MDT members to share confidential information with each other, but currently, North Carolina does not have such a law. In other words, the fact that you’ve created an MDT doesn’t give your MDT members any special right of access to client records or create any special exception to applicable confidentiality laws. This means that when members of an MDT want to share identifiable information about a specific case with each other, they must find an exception in the applicable confidentiality laws that allows them to disclose that information.
One exception that exists across many of the applicable confidentiality laws is client/patient consent. If an individual is able and willing to provide informed, written consent to a disclosure of their own confidential information, many applicable confidentiality laws will allow an agency or organization to disclose that individual’s information to third parties. However, this mechanism for information sharing only works if a vulnerable adult has the capacity to consent, meaning that the individual has the mental capability to understand what they are being asked to sign and how it will impact the use and disclosure of their confidential information. Alternatively, depending on the confidentiality law in question, an individual’s guardian or personal representative may be able to consent on their behalf.
In many cases, obtaining consent to disclose identifiable information simply won’t be possible. In those cases, MDT members will only be able to disclose confidential information to each other if it is allowed by applicable law, which may require more one-on-one or small group communication. For example, there are exceptions in state and federal confidentiality laws that would allow DSS, law enforcement, and healthcare providers to share confidential information with one another in particular, narrow circumstances. For more information about those exceptions, please refer to the School of Government’s “Quick Reference: Information-Sharing in Elder Abuse Cases.”