§ 71-8403 — Access to medical records

(1) A patient may request a copy of the
patient's medical records or may request to examine such records. Access to
such records shall be provided upon request pursuant to sections 71-8401 to 71-8407 , except that mental health medical records may be withheld if any
treating physician, psychologist, or mental health practitioner determines
in his or her professional opinion that release of the records would not be
in the best interest of the patient unless the release is required by court
order. The request and any authorization shall be in writing. If an authorization does not contain an expiration date
or specify an event the occurrence of which causes the authorization to expire,
the authorization shall expire twelve months after the date the authorization
was executed by the patient.
(2) Upon receiving a written request for a copy of the patient's
medical records under subsection (1) of this section, the provider shall furnish
the person making the request a copy of such records not later than thirty
days after the written request is received.
(3) Upon receiving a written request to examine the patient's
medical records under subsection (1) of this section, the provider shall,
as promptly as required under the circumstances but no later than ten days
after receiving the request: (a) Make the medical records available for examination
during regular business hours; (b) inform the patient if the records do not
exist 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 such
records, if known; or (d) if unusual circumstances have delayed handling the
request, inform the patient in writing of the reasons for the delay and the
earliest date, not later than twenty-one days after receiving the request,
when the records will be available for examination. The provider shall furnish
a copy of medical records to the patient as provided in subsection (2) of
this section if requested.
(4) This section does not require the retention of records
or impose liability for the destruction of records in the ordinary course
of business prior to receipt of a request made under subsection (1) of this
section. A provider shall not be required to disclose confidential information
in any medical record concerning another patient or family member who has
not consented to the release of the record.

Legislative History

Source: Laws 1999, LB 17, § 3; Laws 2010, LB849, § 28.