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.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 90‑410 reads as rewritten:
"§ 90‑410.  Definitions.
As used in this Article:
(1)	Health care provider. – Any person who is licensed or certified to practice a health profession or occupation under this Chapter or Chapters 90B or 90C of the General Statutes, a health care facility licensed under Chapters 131E or 122C of the General Statutes, and a representative or agent of a health care provider.
(2)	Medical records. – The entire set of information in existence that is created or maintained by a health care provider in connection with the diagnosis, care, and treatment of an individual. The term includes (i) information received by a licensed health care provider from another licensed health care provider to the extent that the information is utilized in the diagnosis, care, and treatment of an individual and (ii) information from all departments and locations of the licensed health care provider regardless of the date or clinical significance of the information and regardless of the format in which the information is stored.
(3)	Financial records or patient financial information. – 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. The term includes financial records maintained by a licensed health care provider that would be in the provider's "designated record set" as defined by the Health Insurance Portability and Accountability Act, Privacy Rule, 45 C.F.R. § 164.501. It also includes, but is not limited to, charges for care rendered to an individual, bills submitted to patients or to third-party payors on behalf of patients, claims adjudication records, and records of adjustments to bills and charges.
(4)	Personal representative. – Includes all of the following:
a.	For an adult or an emancipated minor, a person with legal authority to make health care decisions on behalf of the individual.
b.	For an unemancipated minor, a parent, guardian, or other person acting in loco parentis with legal authority to make health care decisions on behalf of the unemancipated minor.
c.	For deceased individuals, the administrator, executor, or, in the event of an unadministered estate, the next‑of‑kin of the decedent. In the event of an unadministered estate, the next‑of‑kin shall verify that the estate is unadministered and that he is the next of kin."
SECTION 2.  Article 29 of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90‑410.1.  Requests for medical records.
(a)	Upon receipt of a written request for medical records, financial records, specific portions of the medical records or financial records, or any combination of these records by the individual who is the subject of the records or by that individual's personal representative, in a manner that is compliant with the Health Insurance Portability and Accountability Act, Privacy Rule and Security Rule, 45 C.F.R. §§ 160, 164, a health care provider shall do all of the following:
(1)	Within 15 business days after receiving the written request, provide the requester with an invoice for the record copy fee computed in accordance with G.S. 90‑411.
(2)	Within 15 business days after the health care provider receives the full amount of the record copy fee from the requester, provide to the requester a copy of the requested records.
(3)	Certify in a writing transmitted with the requested records that the health care provider has made a diligent search for the requested records and has provided the requester with a complete copy of all the requested records.
(b)	The requester may rely upon the health care provider certification required in subsection (a)(3) of this section for purposes of complying with G.S. 1A‑1, Rule 9(j).
(c)	The statute of limitations for a medical malpractice action brought under Article 1B of Chapter 90 of the General Statutes shall be tolled one day for each day a health care provider fails to comply with subdivision (a)(2) of this section.
(d)	The appropriate State licensing board or State agency shall impose and collect from a health care provider a civil monetary penalty not to exceed one hundred dollars ($100.00) per day for each day the health care provider fails to comply with the provisions of this section."
SECTION 3.  This act becomes effective October 1, 2013.