(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 363–Assemblywomen
Giunchigliani and Leslie

 

March 14, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Allows patient to obtain his health care records without charge under certain circumstances.  (BDR 54‑1098)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

CONTAINS UNFUNDED MANDATE § 1

(Not Requested by Affected Local Government)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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 200.495, 200.5091 to 200.50995, inclusive, or

1-8  422.540 to 422.570, inclusive;

1-9    (c) An investigator for the attorney general investigating an alleged

1-10  violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to

1-11  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 for

1-13  industrial insurance; or

1-14    (d) Any authorized representative or investigator of a state licensing

1-15  board during the course of any investigation authorized by

1-16  law.

1-17  The records must be made available at a place within the depository

1-18  convenient for physical inspection, and inspection must be permitted at all

1-19  reasonable office hours and for a reasonable length of time. If the records

2-1  are located outside this state, the provider shall make any records requested

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

2-3  working days after the request.

2-4    2.  [The] Except as otherwise provided in subsection 3, the provider of

2-5  health care shall also furnish a copy of the records to each person described

2-6  in subsection 1 who requests it and pays the actual cost of postage, if any,

2-7  the costs of making the copy, not to exceed 60 cents per page for

2-8  photocopies and a reasonable cost for copies of X-ray photographs and

2-9  other health [and] care records produced by similar processes. No

2-10  administrative fee or additional service fee of any kind may be charged for

2-11  furnishing such a copy.

2-12    3.  The provider of health care shall also furnish a copy of any

2-13  records that are necessary to support a claim or appeal under any

2-14  provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under

2-15  any federal or state financial needs-based benefit program, without

2-16  charge, to a patient, or a representative with written authorization from

2-17  the patient, who requests it, if the request is accompanied by

2-18  documentation of the claim or appeal.

2-19  A copying fee, not to exceed 60 cents per page for photocopies and a

2-20  reasonable cost for copies of X-ray photographs and other health care

2-21  records produced by similar processes, may be charged by the provider of

2-22  health care for furnishing a second copy of the records to support the

2-23  same claim or appeal. No administrative fee or additional service fee of

2-24  any kind may be charged for furnishing such a copy. The provider of

2-25  health care shall furnish the copy of the records requested pursuant to

2-26  this subsection within 30 days after the date of receipt of the request, and

2-27  the provider of health care shall not deny the furnishing of a copy of the

2-28  records pursuant to this subsection solely because the patient is unable to

2-29  pay the fees established in this subsection.

2-30    4.  Each person who owns or operates an ambulance in this state shall

2-31  make his records regarding a sick or injured patient available for physical

2-32  inspection by:

2-33    (a) The patient or a representative with written authorization from the

2-34  patient; or

2-35    (b) Any authorized representative or investigator of a state licensing

2-36  board during the course of any investigation authorized by

2-37  law.

2-38  The records must be made available at a place within the depository

2-39  convenient for physical inspection, and inspection must be permitted at all

2-40  reasonable office hours and for a reasonable length of time. The person

2-41  who owns or operates an ambulance shall also furnish a copy of the records

2-42  to each person described in this subsection who requests it and pays the

2-43  actual cost of postage, if any, and the costs of making the copy, not to

2-44  exceed 60 cents per page for photocopies. No administrative fee or

2-45  additional service fee of any kind may be charged for furnishing a copy of

2-46  the records.

2-47    [4.] 5. Records made available to a representative or investigator must

2-48  not be used at any public hearing unless:

3-1    (a) The patient named in the records has consented in writing to their

3-2  use; or

3-3    (b) Appropriate procedures are utilized to protect the identity of the

3-4  patient from public disclosure.

3-5    [5.  Subsection 4]

3-6    6.  Subsection 5 does not prohibit:

3-7    (a) A state licensing board from providing to a provider of health care

3-8  or owner or operator of an ambulance against whom a complaint or written

3-9  allegation has been filed, or to his attorney, information on the identity of a

3-10  patient whose records may be used in a public hearing relating to the

3-11  complaint or allegation, but the provider of health care or owner or

3-12  operator of an ambulance and his attorney shall keep the information

3-13  confidential.

3-14    (b) The attorney general from using health care records in the course of

3-15  a civil or criminal action against the patient or provider of health care.

3-16    [6.] 7. A provider of health care or owner or operator of an

3-17  ambulance, his agents and employees are immune from any civil action for

3-18  any disclosures made in accordance with the provisions of this section or

3-19  any consequential damages.

 

3-20  H