71-8403 Access to medical records. - Nebraska Statutes

71-8403. Access to medicalrecords.(1) A patient may request a copy of thepatient's medical records or may request to examine such records. Access tosuch records shall be provided upon request pursuant to sections 71-8401 to 71-8407, except that mental health medical records may be withheld if anytreating physician, psychologist, or mental health practitioner determinesin his or her professional opinion that release of the records would not bein the best interest of the patient unless the release is required by courtorder. The request and any authorization shall be in writing. If an authorization does not contain an expiration dateor specify an event the occurrence of which causes the authorization to expire,the authorization shall expire twelve months after the date the authorizationwas executed by the patient.(2) Upon receiving a written request for a copy of the patient'smedical records under subsection (1) of this section, the provider shall furnishthe person making the request a copy of such records not later than thirtydays after the written request is received.(3) Upon receiving a written request to examine the patient'smedical records under subsection (1) of this section, the provider shall,as promptly as required under the circumstances but no later than ten daysafter receiving the request: (a) Make the medical records available for examinationduring regular business hours; (b) inform the patient if the records do notexist or cannot be found; (c) if the provider does not maintain the records,inform the patient of the name and address of the provider who maintains suchrecords, if known; or (d) if unusual circumstances have delayed handling therequest, inform the patient in writing of the reasons for the delay and theearliest date, not later than twenty-one days after receiving the request,when the records will be available for examination. The provider shall furnisha copy of medical records to the patient as provided in subsection (2) ofthis section if requested.(4) This section does not require the retention of recordsor impose liability for the destruction of records in the ordinary courseof business prior to receipt of a request made under subsection (1) of thissection. A provider shall not be required to disclose confidential informationin any medical record concerning another patient or family member who hasnot consented to the release of the record. SourceLaws 1999, LB 17, § 3; Laws 2010, LB849, § 28.Operative Date: April 14, 2010