1. Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any other federal law or regulation:
(a) A custodian of health care records having custody of any health care records of a provider of health care pursuant to this chapter shall not prevent the provider of health care from physically inspecting the health care records or receiving copies of those records upon request by the provider of health care in the manner specified in NRS 629.061.
(b) If a custodian of health care records specified in paragraph (a) ceases to do business in this State, the custodian of health care records shall, within 10 days after ceasing to do business in this State, deliver the health care records created by the provider of health care, or copies thereof, to the provider of health care.
2. A custodian of health care records who is not otherwise licensed pursuant to this title of NRS and violates a provision of this section is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $25,000 for each violation, or by both fine and imprisonment.
3. In addition to any criminal penalties imposed pursuant to subsection 2, a custodian of health care records who violates a provision of this section is subject to a civil penalty of not more than $5,000 for each violation as applied to a patient’s entire health care record, to be recovered in a civil action brought in the district court in the county in which the provider of health care’s principal place of business is located or in the district court of Carson City.
4. As used in this section, "custodian of health care records" does not include:
(a) A facility for hospice care, as defined in NRS 449.0033;
(b) A facility for intermediate care, as defined in NRS 449.0038;
(c) A facility for skilled nursing, as defined in NRS 449.0039;
(d) A hospital, as defined in NRS 449.012; or
(e) A psychiatric hospital, as defined in NRS 449.0165.
(Added to NRS by 2015, 1709; A 2017, 2760; 2021, 1594)
Structure Nevada Revised Statutes
Chapter 629 - Healing Arts Generally
NRS 629.016 - "Custodian of health care records" and "custodian" defined.
NRS 629.021 - "Health care records" defined.
NRS 629.026 - "Medical facility" defined.
NRS 629.071 - Provider of health care required to furnish patient with itemized bill.
NRS 629.086 - Conditions and limitations on injection of dermal or soft tissue fillers.
NRS 629.111 - "Genetic information" defined.
NRS 629.121 - "Genetic test" defined.
NRS 629.141 - Right to inspect or obtain.
NRS 629.151 - Obtaining genetic information of person without consent unlawful; exceptions.
NRS 629.181 - Procedure for obtaining consent of person; regulations.
NRS 629.201 - Right to bring civil action for disclosure of genetic information.
NRS 629.310 - "Allogeneic" defined.
NRS 629.320 - "Autologous" defined.
NRS 629.330 - "Nonembryonic cells" defined.
NRS 629.350 - Provisions do not indicate status of authorized activities under federal law.
NRS 629.360 - Operation of cell or tissue bank authorized.
NRS 629.370 - Administration of nonembryonic cells.
NRS 629.380 - Compounding of drug, medicine or health product using nonembryonic cells authorized.
NRS 629.400 - Legislative declaration.
NRS 629.420 - "Division" defined.
NRS 629.430 - "Sponsoring organization" defined.
NRS 629.440 - "Voluntary health care service" defined.
NRS 629.470 - Provider of health care required to carry liability insurance.