Nevada Professions, Occupations and Businesses

Sec. § 629.061
Inspection; copies; use in public hearing; immunity of certain persons from civil action for disclosure.


1.

Each custodian of health care records 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)

The personal representative of the estate of a deceased patient;

(c)

Any trustee of a living trust created by a deceased patient;

(d)

The parent or guardian of a deceased patient who died before reaching the age of majority;

(e)

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;

(f)

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;

(g)

Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law; or

(h)

Any coroner or medical examiner to identify a deceased person, determine a cause of death or perform other duties as authorized by law.

2.

The records described in subsection 1 must be made available at a place within the depository convenient for physical inspection. Except as otherwise provided in subsection 3, if the records are located:

(a)

Within this State, the custodian of health care records shall make any records requested pursuant to this section available for inspection within 10 working days after the request.

(b)

Outside this State, the custodian of health care records shall make any records requested pursuant to this section available in this State for inspection within 20 working days after the request.

3.

If the records described in subsection 1 are requested pursuant to paragraph (e), (f), (g) or (h) of subsection 1 and the investigator, grand jury, authorized representative, coroner or medical examiner, as applicable, declares that exigent circumstances exist which require the immediate production of the records, the custodian of health care records shall make any records which are located:

(a)

Within this State available for inspection at the time of the request or at another reasonable time designated by the investigator, grand jury or authorized representative, as applicable.

(b)

Outside this State available for inspection within 5 working days after the request.

4.

Except as otherwise provided in subsection 5, the custodian of health care records 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 care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.

5.

The custodian of health care records 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 custodian 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 custodian 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 custodian 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.

6.

Each person who owns or operates an ambulance in this State shall make the records regarding a sick or injured patient available for physical inspection by:

(a)

The patient or a representative with written authorization from the patient;

(b)

The personal representative of the estate of a deceased patient;

(c)

Any trustee of a living trust created by a deceased patient;

(d)

The parent or guardian of a deceased patient who died before reaching the age of majority; or

(e)

Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
Ê 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.

7.

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.

8.

Subsection 7 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 or her 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 the 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.

9.

A provider of health care, custodian of health care records or owner or operator of an ambulance and his or her 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.

10.

For the purposes of this section:

(a)

“Guardian” means a person who has qualified as the guardian of a minor pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.

(b)

“Health care records” has the meaning ascribed to it in NRS 629.021, but also includes any billing statement, ledger or other record of the amount charged for medical services or care provided to a patient.

(c)

“Living trust” means an inter vivos trust created by a natural person:

(1)

Which was revocable by the person during the lifetime of the person; and

(2)

Who was one of the beneficiaries of the trust during the lifetime of the person.

(d)

“Parent” means a natural or adoptive parent whose parental rights have not been terminated.

(e)

“Personal representative” has the meaning ascribed to it in NRS 132.265.
Source

Last accessed
Feb. 5, 2021