Senate Bill No. 78–Senator McGinness (by request)

February 2, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions relating to availability of health care records in certain circumstances. (BDR 54-92)

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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to health care; revising provisions relating to the availability of health care records to an authorized representative or investigator of a state licensing board; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 629.061 is hereby amended to read as follows:

1-2 629.061 1. Each provider of health care shall make the health care

1-3 records of a patient available for physical inspection by:

1-4 (a) The patient or a representative with written authorization from the

1-5 patient;

1-6 (b) An investigator for the attorney general or a grand jury investigating

1-7 an alleged violation of NRS 422.540 to 422.570, inclusive;

1-8 (c) An investigator for the attorney general investigating an alleged

1-9 violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to

1-10 616D.440, inclusive, or any fraud in the administration of chapter 616A,

1-11 616B, 616C, 616D or 617 of NRS or in the provision of benefits for

1-12 industrial insurance; or

1-13 (d) Any authorized representative or investigator of a state licensing

1-14 board during the course of any investigation authorized by law [.] , except

1-15 the provider of health care shall not make available any health care

1-16 records of a patient that the provider of health care determines are not

1-17 relevant to such an investigation.

2-1 The records must be made available at a place within the depository

2-2 convenient for physical inspection, and inspection must be permitted at all

2-3 reasonable office hours and for a reasonable length of time. If the records

are located outside this state, the provider shall make any records requested

2-4 pursuant to this section available in this state for inspection within 10

working days after the request.

2-5 2. The provider of health care shall also furnish a copy of the records

2-6 that the provider of health care makes available pursuant to subsection 1

to each person described in subsection 1 who requests it and pays the actual

2-7 cost of postage, if any, the costs of making the copy, not to exceed 60 cents

per page for photocopies and a reasonable cost for copies of X-ray

2-8 photographs and other health and care records produced by similar

2-9 processes. No administrative fee or additional service fee of any kind may

be charged for furnishing such a copy.

2-10 3. Each person who owns or operates an ambulance in this state shall

make his records regarding a sick or injured patient available for physical

2-11 inspection by:

2-12 (a) The patient or a representative with written authorization from the

patient; or

2-13 (b) Any authorized representative or investigator of a state licensing

board during the course of any investigation authorized by law.

2-14 The records must be made available at a place within the depository

2-15 convenient for physical inspection, and inspection must be permitted at all

reasonable office hours and for a reasonable length of time. The person

2-16 who owns or operates an ambulance shall also furnish a copy of the records

to each person described in this subsection who requests it and pays the

2-17 actual cost of postage, if any, and the costs of making the copy, not to

2-18 exceed 60 cents per page for photocopies. No administrative fee or

additional service fee of any kind may be charged for furnishing a copy of

2-19 the records.

4. Records made available to a representative or investigator must not

2-20 be used at any public hearing unless:

2-21 (a) The patient named in the records has consented in writing to their

use; or

2-22 (b) Appropriate procedures are utilized to protect the identity of the

patient from public disclosure.

2-23 5. Subsection 4 does not prohibit:

(a) A state licensing board from providing to a provider of health care or

3-1 owner or operator of an ambulance against whom a complaint or written

allegation has been filed, or to his attorney, information on the identity of a

3-2 patient whose records may be used in a public hearing relating to the

3-3 complaint or allegation, but the provider of health care or owner or

operator of an ambulance and his attorney shall keep the information

3-4 confidential.

(b) The attorney general from using health care records in the course of

3-5 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, his

agents and employees are immune from any civil action for any disclosures

3-7 made in accordance with the provisions of this section or any consequential

damages.

3-8 Sec. 2. This act becomes effective upon passage and approval.

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