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Wednesday, November 16, 2011

Change in NV law regarding Requests for Records

Medical providers must make a patient's medical records available within 5 working days of a valid request for records. This is a change from the prior law which required the records to be made available "at all reasonable office hours and for a reasonable length of time."  Out-of-state records, must made available within ten 10 working days of the request. See (SB168/NRS 629.061).

As a reminder, the following persons may request to inspect a patient's records:
      (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 under certain circumstances; or
      (g) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

A providers failure to make the  records available in the required time is a violation of  NRS 630.3062(4) and may result in disciplinary action against the provider.