Senate Bill No. 24–Senator  Neal

 

Prefiled January 24, 2003

____________

 

Referred to  Committee on Commerce and Labor

 

SUMMARY—Makes various changes relating to certain health care records. (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; authorizing certain persons to access the health care records of certain deceased patients; revising the provisions regarding reporting of examination results by medical laboratories; 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

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

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

1-5  from the patient;

1-6  (b) The personal representative of the estate of a deceased

1-7  patient;

1-8  (c) The parent or guardian of a deceased patient who died

1-9  before reaching the age of majority;

1-10      (d) An investigator for the Attorney General or a grand jury

1-11  investigating an alleged violation of NRS 200.495, 200.5091 to

1-12  200.50995, inclusive, or 422.540 to 422.570, inclusive;

1-13      [(c)] (e) An investigator for the Attorney General investigating

1-14  an alleged violation of NRS 616D.200, 616D.220, 616D.240 or

1-15  616D.300 to 616D.440, inclusive, or any fraud in the administration

1-16  of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the

1-17  provision of benefits for industrial insurance; or

2-1  [(d)] (f) Any authorized representative or investigator of a state

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

2-3  law.

2-4  The records must be made available at a place within the depository

2-5  convenient for physical inspection, and inspection must be permitted

2-6  at all reasonable office hours and for a reasonable length of time. If

2-7  the records are located outside this state, the provider shall make

2-8  any records requested pursuant to this section available in this state

2-9  for inspection within 10 working days after the request.

2-10      2.  Except as otherwise provided in subsection 3, the provider

2-11  of health care shall also furnish a copy of the records to each person

2-12  described in subsection 1 who requests it and pays the actual cost of

2-13  postage, if any, the costs of making the copy, not to exceed 60 cents

2-14  per page for photocopies and a reasonable cost for copies of X-ray

2-15  photographs and other health care records produced by similar

2-16  processes. No administrative fee or additional service fee of any

2-17  kind may be charged for furnishing such a copy.

2-18      3.  The provider of health care shall also furnish a copy of any

2-19  records that are necessary to support a claim or appeal under any

2-20  provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or

2-21  under any federal or state financial needs-based benefit program,

2-22  without charge, to a patient, or a representative with written

2-23  authorization from the patient, who requests it, if the request is

2-24  accompanied by documentation of the claim or appeal. A copying

2-25  fee, not to exceed 60 cents per page for photocopies and a

2-26  reasonable cost for copies of X-ray photographs and other health

2-27  care records produced by similar processes, may be charged by the

2-28  provider of health care for furnishing a second copy of the records

2-29  to support the same claim or appeal. No administrative fee or

2-30  additional service fee of any kind may be charged for furnishing

2-31  such a copy. The provider of health care shall furnish the copy of

2-32  the records requested pursuant to this subsection within 30 days

2-33  after the date of receipt of the request, and the provider of health

2-34  care shall not deny the furnishing of a copy of the records pursuant

2-35  to this subsection solely because the patient is unable to pay the fees

2-36  established in this subsection.

2-37      4.  Each person who owns or operates an ambulance in this

2-38  state shall make his records regarding a sick or injured patient

2-39  available for physical inspection by:

2-40      (a) The patient or a representative with written authorization

2-41  from the patient; [or]

2-42      (b) The personal representative of the estate of a deceased

2-43  patient;

2-44      (c) The parent or guardian of a deceased patient who died

2-45  before reaching the age of majority; or

3-1  (d) Any authorized representative or investigator of a state

3-2  licensing board during the course of any investigation authorized by

3-3  law.

3-4  The records must be made available at a place within the depository

3-5  convenient for physical inspection, and inspection must be permitted

3-6  at all reasonable office hours and for a reasonable length of time.

3-7  The person who owns or operates an ambulance shall also furnish a

3-8  copy of the records to each person described in this subsection who

3-9  requests it and pays the actual cost of postage, if any, and the costs

3-10  of making the copy, not to exceed 60 cents per page for

3-11  photocopies. No administrative fee or additional service fee of any

3-12  kind may be charged for furnishing a copy of the records.

3-13      5.  Records made available to a representative or investigator

3-14  must not be used at any public hearing unless:

3-15      (a) The patient named in the records has consented in writing to

3-16  their use; or

3-17      (b) Appropriate procedures are utilized to protect the identity of

3-18  the patient from public disclosure.

3-19      6.  Subsection 5 does not prohibit:

3-20      (a) A state licensing board from providing to a provider of

3-21  health care or owner or operator of an ambulance against whom a

3-22  complaint or written allegation has been filed, or to his attorney,

3-23  information on the identity of a patient whose records may be used

3-24  in a public hearing relating to the complaint or allegation, but the

3-25  provider of health care or owner or operator of an ambulance and

3-26  his attorney shall keep the information confidential.

3-27      (b) The Attorney General from using health care records in the

3-28  course of a civil or criminal action against the patient or provider of

3-29  health care.

3-30      7.  A provider of health care or owner or operator of an

3-31  ambulance, his agents and employees are immune from any civil

3-32  action for any disclosures made in accordance with the provisions of

3-33  this section or any consequential damages.

3-34      8.  For the purposes of this section:

3-35      (a) “Guardian” means a person who has qualified as the

3-36  guardian of a minor pursuant to testamentary or judicial

3-37  appointment, but does not include a guardian ad litem.

3-38      (b) “Parent” means a natural or adoptive parent whose

3-39  parental rights have not been terminated.

3-40      (c) “Personal representative” has the meaning ascribed to it in

3-41  NRS 132.265.

3-42      Sec. 2.  NRS 652.190 is hereby amended to read as follows:

3-43      652.190  1.  A laboratory may examine specimens only at the

3-44  request of:

3-45      (a) A licensed physician;

4-1  (b) Any other person authorized by law to use the findings of

4-2  laboratory tests and examinations; or

4-3  (c) If the examination can be made with a testing device or kit

4-4  which is approved by the Food and Drug Administration for use in

4-5  the home and which is available to the public without a prescription,

4-6  any person.

4-7  2.  Except as otherwise provided in NRS 441A.150, 442.325

4-8  and 652.193, the laboratory may report the results of the

4-9  examination only to [the] :

4-10      (a) The person requesting the test or procedure ;

4-11      (b) A provider of health care who is treating or providing

4-12  assistance in the treatment of the patient;

4-13      (c) A provider of health care to whom the patient has been

4-14  referred; and [to the]

4-15      (d) The patient for whom the testing or procedure was

4-16  performed.

4-17      3.  The laboratory report must contain the name of the

4-18  laboratory.

4-19      [3.] If a specimen is accepted by a laboratory and is referred to

4-20  another laboratory, the name and address of the other laboratory

4-21  must be clearly shown by the referring laboratory on the report to

4-22  the person requesting the test or procedure.

4-23      4.  Whenever an examination is made pursuant to paragraph (c)

4-24  of subsection 1, the laboratory report must contain a provision

4-25  which recommends that the results of the examination be reviewed

4-26  and interpreted by a physician or other licensed provider of health

4-27  care.

4-28      Sec. 3.  1.  This section and section 2 of this act become

4-29  effective upon passage and approval.

4-30      2.  Section 1 of this act becomes effective on October 1, 2003.

 

4-31  H