Bill Summary for H 798 (2013-2014)

Summary date: 

Apr 12 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 798 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT DEFINING PATIENT MEDICAL RECORDS AND FINANCIAL RECORDS, REQUIRING THE TIMELY RELEASE OF PATIENT MEDICAL RECORDS AND FINANCIAL RECORDS UPON REQUEST OF THE PATIENT OR A PERSONAL REPRESENTATIVE OF THE PATIENT, AND ESTABLISHING A CIVIL MONETARY PENALTY FOR VIOLATIONS.
Intro. by D. Hall, Moffitt, Murry.

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Bill summary

Amends GS 90-410 changing the format of the definitions section.

Amends GS 90-410(2) changing the definition of "Medical records" to mean the entire set of information in existence that is created or maintained by a health care provider in connection with the diagnosis, car, and treatment of an individual.

Amends GS 90-401 adding subsection (3) defining "financial records or patient financial information" as the entire set of financial information in existence regarding an individual that is within the possession, custody, or control of a licensed health care provider.

Amends GS 90-401 adding subsection (4) enumerating all individuals who qualify as a "personal representative."

Enacts GS 90-410.1 addressing requests for medical records. Sets forth procedures for a health care provider after receiving a written request for complete or portions of medical or financial records by the individual who is the subject of the records, or that individuals personal representative including requiring copies of records within 15 days or receiving payment of the copying fee. Identifies the statute of limitations for a medical malpractice action brought under Article 1B of Chapter 90 of the General Statutes as beginning to toll one day for each day a health care provider fails to comply with subsection (a)(2) of this section. The health care provider can be fined a civil monetary penalty not to exceed $100 per day for each day the health care provider fails to comply with the provisions of this section.

Effective October 1, 2013.

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