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Nevada Medical Records Laws

We all want the best care from our doctors, and that often happens when doctors have our complete medical history. And while it’s much easier if hospitals and doctors have access to our medical records, with that convenience also comes cause for concern.

We want to trust that medical professionals will keep our records safe and secure, but we may not know what laws the Beehive State has enacted to protect our personal health information. Here is a quick introduction to medical records laws in Nevada.

Medical Records Laws

Although the details of state medical records laws may vary, generally they determine whether doctors may share your medical information without your permission. The privacy protection of medical records normally dictates that your medical records are confidential, and Nevada law limits access to medical records to the patient or the patient’s representative or investigator. There are some exceptions to this rule, which require doctors to report positive tests for certain other communicable diseases, and require doctors and hospitals to transfer your records if you go to a new medical facilities.

Medical Records Laws in Nevada

Nevada’s medical records statutes are listed in the table below.

Who Has Access to Records?

Patient has right to inspect and copy both doctor's and hospital's records; also authorized representative or investigator

Nevada Statutes 629.061: Health Care Records;

Required to forward record upon transfer to new medical facility (do not need patient's consent)

Nevada Statutes 433.332: Required to Forward Patient’s Medical Records

What Privileges Apply to Medical Records?

Patient and physician

Nevada Statutes 49.215, et seq.: Doctor and Patient Privilege

Mandatory Reporting Requirements

Communicable diseases

Nevada Statutes 441A.150, et seq.: Reporting Infectious Diseases

Patient Consent and Waiver

-

Insurance Companies

-

Provisions Related to HIV/AIDS

-

Federal law also keeps our medical records confidential under the Health Insurance Portability and Accountability Act (HIPAA). HIPAA requires doctors, and other medical staff, to keep medical records confidential unless:

  • You need emergency treatment;
  • You introduce your health or injuries in a court case; or
  • The government requires specific reporting (mostly for births, deaths, and communicable diseases).

Related Resources for Nevada Medical Records Laws

State and federal medical records laws can be complicated. You can consult with a Nevada health care attorney in your area if you would like legal assistance regarding a health care matter. You can also visit FindLaw’s section on Health Care for additional articles and information on this topic, including what you should do if you learn your medical records have improperly disclosed.

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