Assembly Bill No. 363–Assemblywomen
Giunchigliani and Leslie

 

CHAPTER..........

 

AN ACT relating to health care records; allowing a patient to obtain his health care records without charge under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

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

 records of a patient available for physical inspection by:

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

 patient;

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

 an alleged violation of NRS 200.495, 200.5091 to 200.50995, inclusive, or

 422.540 to 422.570, inclusive;

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

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

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

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

 industrial insurance; or

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

 board during the course of any investigation authorized by

law.

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

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

 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 pursuant to this section available in this state for inspection

 within 10 working days after the request.

   2.  [The] Except as otherwise provided in subsection 3, the provider of

 health care shall also furnish a copy of the records to each person

 described in subsection 1 who requests it and pays the actual 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

 photographs and other health [and] care records produced by similar

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

 be charged for furnishing such a copy.

   3.  The provider of health care shall also furnish a copy of any

 records that are necessary to support a claim or appeal under any

 provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under

 any federal or state financial needs-based benefit program, without

 charge, to a patient, or a representative with written authorization from

 the patient, who requests it, if the request is accompanied by

 documentation of the claim or appeal.

A copying fee, not to exceed 60 cents per page for photocopies and a

 reasonable cost for copies of X-ray photographs and other health care

 records produced by similar processes, may be charged by the provider

 of health care for furnishing a second copy of the records to support the

same claim or appeal. No administrative fee or additional service fee of

any kind may be charged for furnishing such a copy. The provider of

 health care shall furnish the copy of the records requested pursuant to

 this subsection within 30 days after the date of receipt of the request, and

 the provider of health care shall not deny the furnishing of a copy of the

 records pursuant to this subsection solely because the patient is unable

 to pay the fees established in this subsection.

   4.  Each person who owns or operates an ambulance in this state shall

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

 inspection by:

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

 patient; or

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

 board during the course of any investigation authorized by

law.

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

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

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

 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 actual cost of postage, if any, and the costs of making the copy,

 not to 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

 the records.

   [4.] 5. Records made available to a representative or investigator must

 not be used at any public hearing unless:

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

 use; or

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

 patient from public disclosure.

   [5.  Subsection 4]

   6.  Subsection 5 does not prohibit:

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

 or 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 patient whose records may be used in a public hearing

 relating to the complaint or allegation, but the provider of health care or

 owner or operator of an ambulance and his attorney shall keep the

 information confidential.

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

 a civil or criminal action against the patient or provider of health care.

   [6.] 7. 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 made in accordance with the provisions of this section

 or any consequential damages.

 

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