Senate Bill No. 24–Senator  Neal

 

Prefiled January 24, 2003

____________

 

Referred to  Committee on Commerce and Labor

 

SUMMARY—Provides for access for certain persons to health care records of deceased. (BDR 54‑178)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to health care records; requiring certain health care providers to inform patients of the right to provide a durable power of attorney for certain purposes; authorizing certain persons to access the health care records of certain deceased patients; 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. Chapter 629 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  Every physician licensed pursuant to chapter 630 or 633 of

1-4  NRS shall inform each patient or his legal representative, upon

1-5  initial consultation, of the right of the patient to provide, by

1-6  durable power of attorney, for access to the health care records of

1-7  the patient by a designated representative.

1-8  2.  Every medical facility shall inform each patient or his legal

1-9  representative, upon admission, of the right of the patient to

1-10  provide, by durable power of attorney, for access to the health care

1-11  records of the patient by a designated representative.

1-12      3.  For the purposes of this section:

1-13      (a) “Durable power of attorney” means the power of attorney

1-14  provided in NRS 449.800 to 449.860, inclusive.

1-15      (b) “Medical facility” has the meaning ascribed to it in

1-16  NRS 449.0151.

2-1  Sec. 2.  NRS 629.061 is hereby amended to read as follows:

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

2-3  care records of a patient available for physical inspection by:

2-4  (a) The patient or a representative with written authorization

2-5  from the patient;

2-6  (b) The personal representative of the estate of a deceased

2-7  patient;

2-8  (c) The parent or guardian of a deceased patient who died

2-9  before reaching the age of majority;

2-10      (d) An investigator for the Attorney General or a grand jury

2-11  investigating an alleged violation of NRS 200.495, 200.5091 to

2-12  200.50995, inclusive, or 422.540 to 422.570, inclusive;

2-13      [(c)] (e) An investigator for the Attorney General investigating

2-14  an alleged violation of NRS 616D.200, 616D.220, 616D.240 or

2-15  616D.300 to 616D.440, inclusive, or any fraud in the administration

2-16  of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the

2-17  provision of benefits for industrial insurance; or

2-18      [(d)] (f) Any authorized representative or investigator of a state

2-19  licensing board during the course of any investigation authorized by

2-20  law.

2-21  The records must be made available at a place within the depository

2-22  convenient for physical inspection, and inspection must be permitted

2-23  at all reasonable office hours and for a reasonable length of time. If

2-24  the records are located outside this state, the provider shall make

2-25  any records requested pursuant to this section available in this state

2-26  for inspection within 10 working days after the request.

2-27      2.  Except as otherwise provided in subsection 3, the provider

2-28  of health care shall also furnish a copy of the records to each person

2-29  described in subsection 1 who requests it and pays the actual cost of

2-30  postage, if any, the costs of making the copy, not to exceed 60 cents

2-31  per page for photocopies and a reasonable cost for copies of X-ray

2-32  photographs and other health care records produced by similar

2-33  processes. No administrative fee or additional service fee of any

2-34  kind may be charged for furnishing such a copy.

2-35      3.  The provider of health care shall also furnish a copy of any

2-36  records that are necessary to support a claim or appeal under any

2-37  provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or

2-38  under any federal or state financial needs-based benefit program,

2-39  without charge, to a patient, or a representative with written

2-40  authorization from the patient, who requests it, if the request is

2-41  accompanied by documentation of the claim or appeal. A copying

2-42  fee, not to exceed 60 cents per page for photocopies and a

2-43  reasonable cost for copies of X-ray photographs and other health

2-44  care records produced by similar processes, may be charged by the

2-45  provider of health care for furnishing a second copy of the records

3-1  to support the same claim or appeal. No administrative fee or

3-2  additional service fee of any kind may be charged for furnishing

3-3  such a copy. The provider of health care shall furnish the copy of

3-4  the records requested pursuant to this subsection within 30 days

3-5  after the date of receipt of the request, and the provider of health

3-6  care shall not deny the furnishing of a copy of the records pursuant

3-7  to this subsection solely because the patient is unable to pay the fees

3-8  established in this subsection.

3-9  4.  Each person who owns or operates an ambulance in this

3-10  state shall make his records regarding a sick or injured patient

3-11  available for physical inspection by:

3-12      (a) The patient or a representative with written authorization

3-13  from the patient; [or]

3-14      (b) The personal representative of the estate of a deceased

3-15  patient;

3-16      (c) The parent or guardian of a deceased patient who died

3-17  before reaching the age of majority; or

3-18      (d) Any authorized representative or investigator of a state

3-19  licensing board during the course of any investigation authorized by

3-20  law.

3-21  The records must be made available at a place within the depository

3-22  convenient for physical inspection, and inspection must be permitted

3-23  at all reasonable office hours and for a reasonable length of time.

3-24  The person who owns or operates an ambulance shall also furnish a

3-25  copy of the records to each person described in this subsection who

3-26  requests it and pays the actual cost of postage, if any, and the costs

3-27  of making the copy, not to exceed 60 cents per page for

3-28  photocopies. No administrative fee or additional service fee of any

3-29  kind may be charged for furnishing a copy of the records.

3-30      5.  Records made available to a representative or investigator

3-31  must not be used at any public hearing unless:

3-32      (a) The patient named in the records has consented in writing to

3-33  their use; or

3-34      (b) Appropriate procedures are utilized to protect the identity of

3-35  the patient from public disclosure.

3-36      6.  Subsection 5 does not prohibit:

3-37      (a) A state licensing board from providing to a provider of

3-38  health care or owner or operator of an ambulance against whom a

3-39  complaint or written allegation has been filed, or to his attorney,

3-40  information on the identity of a patient whose records may be used

3-41  in a public hearing relating to the complaint or allegation, but the

3-42  provider of health care or owner or operator of an ambulance and

3-43  his attorney shall keep the information confidential.

4-1  (b) The Attorney General from using health care records in the

4-2  course of a civil or criminal action against the patient or provider of

4-3  health care.

4-4  7.  A provider of health care or owner or operator of an

4-5  ambulance, his agents and employees are immune from any civil

4-6  action for any disclosures made in accordance with the provisions of

4-7  this section or any consequential damages.

4-8  8.  For the purposes of this section:

4-9  (a) “Guardian” means a person who has qualified as the

4-10  guardian of a minor pursuant to testamentary or judicial

4-11  appointment, but does not include a guardian ad litem.

4-12      (b) “Parent” means a natural or adoptive parent whose

4-13  parental rights have not been terminated.

4-14      (c) “Personal representative” has the meaning ascribed to it in

4-15  NRS 132.265.

 

4-16  H