Existing law prescribes various requirements governing health information technology and the electronic maintenance, transmittal and exchange of electronic health records and certain other electronic health information. (NRS 439.581-439.597) Upon the request of a person who is authorized to request a copy of health records that are maintained electronically, existing law requires a custodian of health care records to electronically transmit a copy of the health records to any person or entity for a fee. (NRS 629.062) Section 15 of this bill provides that the health care records of a patient are the property of the patient, and section 3 of this bill requires a health care provider to allow a patient to: (1) access and forward his or her electronic health records without a fee or charge; and (2) request that his or her electronic health records be forwarded to any other person or entity in accordance with existing law. Section 8 of this bill makes a conforming change to remove a requirement that the Director of the Department of Health and Human Services adopt regulations governing the ownership of electronic health records because section 15 establishes that such records are the property of the patient. With certain exceptions, existing law requires a health care provider, health insurer, health insurance administrator and certain other entities to authorize a person to opt out of having his or her individually identifiable health information disclosed electronically to health care providers, insurers and certain other entities. (NRS 439.597) Section 10 of this bill requires those persons and entities to allow a patient to prohibit any person or entity from accessing his or her individually identifiable health information, with similar exceptions. Section 5 of this bill makes a violation of section 3 or 10, or any regulations adopted to carry out those sections, a misdemeanor. A health care provider, health insurer or health insurance administrator that commits such a violation would also be subject to administrative sanctions. (NRS 439.589, 439.5895, 449.167, 450B.215, 629.051, 680A.225, 683A.0891, 695C.329) Existing law requires the Director to adopt regulations that prescribe a framework for the electronic maintenance, transmittal and exchange of electronic health records, prescriptions, health-related information and electronic signatures. Existing law requires state and local governmental entities, health care providers and insurers and certain related entities to maintain, transmit and exchange health information in accordance with that framework, with certain exceptions. (NRS 439.589) Existing law establishes that physician group practices and other business entities organized for the purpose of practicing a health care profession with 20 or fewer employees are not required to comply with those provisions until January 1, 2030. (Section 2.8 of chapter 278, Statutes of Nevada 2023, at page 1859) Section 8 requires the regulations adopted by the Director to include requirements to minimize the need for a patient to repeatedly provide demographic information, information relating to his or her medical history and the list of medications that the patient is currently taking or has taken in the past. A health care provider who fails to comply with those regulations would be subject to administrative sanctions but would not be guilty of a misdemeanor. (NRS 439.589, 439.5895, 449.167, 450B.215, 629.051) Sections 5-7, 9, 10, 12-14 and 16 of this bill make conforming changes to: (1) clarify the applicability of section 3 and certain provisions of existing law; and (2) indicate the proper placement of section 3 in the Nevada Revised Statutes. During the 2026 calendar year, section 16.5 of this bill requires the Director of the Department to publish and submit to the Governor and the Legislature a quarterly report concerning the progress of the Department toward implementing the provisions of this bill. Section 16.5 also requires the Director or his or her designee to appear before the Joint Interim Standing Committee on Health and Human Services or the Legislative Commission upon request to provide information concerning the reports.

Statutes affected:
As Introduced: 439.580, 439.581, 439.588, 439.589, 439.593, 439.597, 239.010, 287.010, 287.04335, 603A.100, 629.051, 719.200
Reprint 1: 439.580, 439.581, 439.588, 439.589, 439.593, 439.597, 287.010, 287.04335, 603A.100, 629.051, 719.200
BDR: 439.580, 439.581, 439.588, 439.589, 439.593, 439.597, 239.010, 287.010, 287.04335, 603A.100, 629.051, 719.200