Senate Bill No. 413-Committee on Commerce and Labor
May 21, 1997
____________
Referred to Committee on Commerce and Labor
SUMMARY--Makes various changes concerning photocopying of health care records by professional photocopiers. (BDR 54-1537)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to health care records; authorizing the photocopying of health care records by professional photocopiers; specifying the fees that may be charged to and by professional photocopiers with regard to such photocopying; requiring professional photocopiers to file certain affidavits and provide certain certificates; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 629.061 is hereby amended to read as follows:
629.061 1. Each provider of health care shall make the health care records of a patient available [for] :
(a) For physical inspection by:
[(a)] (1) The patient or a representative with written authorization from the patient;
[(b)] (2) An investigator for the attorney general or a grand jury investigating an alleged violation of NRS 422.540 to 422.570, inclusive;
[(c)] (3) 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; or
[(d)] (4) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
(b) For photocopying by a professional photocopier with written authorization from any person described in paragraph (a).
2. The records must be made available at a place within the depository convenient for physical inspection [, and inspection must be permitted] and photocopying at all reasonable office hours and for a reasonable length of time. If the records are located outside this state, the provider shall make any records requested pursuant to this section available in this state for inspection and photocopying within 10 working days after the request.
[2.] No fee of any kind may be charged for allowing the inspection and photocopying of the records, except that the provider of health care may charge an administrative fee, not to exceed $15, to a professional photocopier.
3. The provider of health care or professional photocopier shall [also] furnish a copy of the records to each person described in paragraph (a) of 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 [and] care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged by the provider of health care for furnishing such a copy.
[3.] The professional photocopier may recover any reasonable costs associated with furnishing such a copy, including, without limitation, any administrative fee charged to the professional photocopier by the provider of health care pursuant to subsection 2.
4. Each person who owns or operates an ambulance in this state shall make his records regarding a sick or injured patient available [for] :
(a) For physical inspection by:
[(a)] (1) The patient or a representative with written authorization from the patient; or
[(b)] (2) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
(b) For photocopying by a professional photocopier with written authorization from any person described in paragraph (a).
5. The records must be made available at a place within the depository convenient for physical inspection [, and inspection must be permitted] and photocopying at all reasonable office hours and for a reasonable length of time. No fee of any kind may be charged for allowing the inspection and photocopying of the records, except that the person who owns or operates the ambulance may charge an administrative fee, not to exceed $15, to a professional photocopier.
6. The person who owns or operates an ambulance or the professional photocopier shall [also] furnish a copy of the records to each person described in [this] paragraph (a) of subsection 4 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 by the person who owns or operates the ambulance for furnishing such a copy . [of the records.
4.] The professional photocopier may recover any reasonable costs associated with furnishing such a copy, including, without limitation, any administrative fee charged to the professional photocopier by the person who owns or operates the ambulance pursuant to subsection 5.
7. Records made available to a representative , [or] investigator or professional photocopier 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.
[5. Subsection 4]
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 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 his 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.
[6.] 9. A professional photocopier who wishes to make copies of records pursuant to this section must file an affidavit with the county recorder of each county in which the professional photocopier resides or maintains a place of business. The affidavit, which must be signed under penalty of perjury, must provide:
(a) If the professional photocopier is:
(1) A natural person, the name, age, complete address and telephone number of the professional photocopier.
(2) A partnership, the names, ages, complete addresses and telephone numbers of each partner of the partnership.
(3) A corporation, the names, ages, complete addresses and telephone numbers of each officer of the corporation.
(b) That each person required to be named in the affidavit has not been convicted of a felony.
(c) That the professional photocopier will conduct his business in compliance with the laws of this state governing the transmittal of such records.
10. A copy of any records furnished by a professional photocopier pursuant to this section must be accompanied by a certificate that sets forth the name and address of the professional photocopier and each county in which he has filed an affidavit pursuant to subsection 9, and which is signed:
(a) By the custodian of the records attesting that the original records were made available to the professional photocopier for reproduction; and
(b) By the professional photocopier who made the copies of the records attesting that the copies will be transmitted to the person authorized by the client of the professional photocopier to receive them.
The professional photocopier shall provide the custodian of the records with a copy of the certificate.
11. A provider of health care or owner or operator of an ambulance, his 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.
12. The failure to comply with subsection 9 or 10 is a misdemeanor.
13. As used in this section, "professional photocopier" means a person who engages in the business of making photocopies on his own equipment for a fee.
Sec. 2 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 3 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.