Assembly Bill No. 113–Committee on Commerce and Labor
(On Behalf of Attorney General)
February 4, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Expands circumstances under which provider of health care is required to make health care records available for inspection by investigator for attorney general or grand jury. (BDR 54-605)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 629.061 is hereby amended to read as follows: 629.061 1. Each provider of health care shall make the health care1-3
records of a patient available for physical inspection by:1-4
(a) The patient or a representative with written authorization from the1-5
patient;1-6
(b) An investigator for the attorney general or a grand jury investigating1-7
an alleged violation of NRS 200.495, 200.5091 to 200.50995, inclusive, or1-8
422.540 to 422.570, inclusive;1-9
(c) An investigator for the attorney general investigating an alleged1-10
violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to1-11
616D.440, inclusive, or any fraud in the administration of chapter 616A,1-12
616B, 616C, 616D or 617 of NRS or in the provision of benefits for1-13
industrial insurance; or2-1
(d) Any authorized representative or investigator of a state licensing2-2
board during the course of any investigation authorized by law.2-3
The records must be made available at a place within the depository2-4
convenient for physical inspection, and inspection must be permitted at all2-5
reasonable office hours and for a reasonable length of time. If the records2-6
are located outside this state, the provider shall make any records requested2-7
pursuant to this section available in this state for inspection within 102-8
working days after the request.2-9
2. The provider of health care shall also furnish a copy of the records2-10
to each person described in subsection 1 who requests it and pays the2-11
actual cost of postage, if any, the costs of making the copy, not to exceed2-12
60 cents per page for photocopies and a reasonable cost for copies of X-ray2-13
photographs and other health and care records produced by similar2-14
processes. No administrative fee or additional service fee of any kind may2-15
be charged for furnishing such a copy.2-16
3. Each person who owns or operates an ambulance in this state shall2-17
make his records regarding a sick or injured patient available for physical2-18
inspection by:2-19
(a) The patient or a representative with written authorization from the2-20
patient; or2-21
(b) Any authorized representative or investigator of a state licensing2-22
board during the course of any investigation authorized by law.2-23
The records must be made available at a place within the depository2-24
convenient for physical inspection, and inspection must be permitted at all2-25
reasonable office hours and for a reasonable length of time. The person2-26
who owns or operates an ambulance shall also furnish a copy of the2-27
records to each person described in this subsection who requests it and2-28
pays the actual cost of postage, if any, and the costs of making the copy,2-29
not to exceed 60 cents per page for photocopies. No administrative fee or2-30
additional service fee of any kind may be charged for furnishing a copy of2-31
the records.2-32
4. Records made available to a representative or investigator must not2-33
be used at any public hearing unless:2-34
(a) The patient named in the records has consented in writing to their2-35
use; or2-36
(b) Appropriate procedures are utilized to protect the identity of the2-37
patient from public disclosure.2-38
5. Subsection 4 does not prohibit:2-39
(a) A state licensing board from providing to a provider of health care2-40
or owner or operator of an ambulance against whom a complaint or written2-41
allegation has been filed, or to his attorney, information on the identity of a2-42
patient whose records may be used in a public hearing relating to the3-1
complaint or allegation, but the provider of health care or owner or3-2
operator of an ambulance and his attorney shall keep the information3-3
confidential.3-4
(b) The attorney general from using health care records in the course of3-5
a civil or criminal action against the patient or provider of health care.3-6
6. A provider of health care or owner or operator of an ambulance, his3-7
agents and employees are immune from any civil action for any disclosures3-8
made in accordance with the provisions of this section or any3-9
consequential damages.3-10
Sec. 2. This act becomes effective upon passage and approval.~