Short Answer

In North Carolina, there is no single, across-the-board state-law deadline that forces every clinic or physical therapy provider to send ordinary medical records within a set number of days after a patient (or the patient’s lawyer) requests them. Most delays are handled by tightening the authorization and request method, paying any allowed copy fee, and escalating to the records custodian or vendor. If the records are still delayed and a lawsuit is pending (or needs to be filed), a subpoena under North Carolina civil procedure is often the most effective way to force production on a schedule.

Understanding the Problem

If you are in North Carolina and your lawyer requested your physical therapy treatment records (not just the bills) but the clinic says a third-party vendor handles records and keeps pushing the request through a website, the practical question is: how long can they take, and what can you do to get the records moving without derailing your personal injury claim?

Apply the Law

Under North Carolina law, patients generally have a right to obtain copies of their medical records, and providers may charge a regulated, “reasonable” copy fee. But North Carolina statutes focus more on what a provider may charge and how records can be used/obtained in legal proceedings than on a universal turnaround time for every routine request. When a claim is in litigation (or needs formal legal process), North Carolina’s subpoena rules can require production by a stated compliance date, and failure to comply can be addressed by the court.

Two important distinctions often control what happens next: (1) whether you are making a voluntary records request (authorization + request form + payment) versus using a subpoena in a pending case, and (2) whether the matter is a workers’ compensation claim (which has its own medical-record access framework) versus a typical personal injury claim.

Key Requirements

• Proper authorization and scope: The request usually must include a valid HIPAA-compliant authorization (or other lawful basis), correctly naming the provider/vendor and clearly describing the date range and the specific items requested (for example, “physical therapy evaluation, daily notes, progress notes, discharge summary,” not just “records”).
• Correct recipient (custodian/vendor): If the clinic uses a third-party vendor, the clinic may require the request to be submitted through that vendor’s portal or process so the vendor (as the records custodian/agent) can fulfill it.
• Payment of allowed copy fees: A provider may charge a per-page fee up to the statutory maximums (and may charge a minimum fee) for copying and mailing records, so delays sometimes happen when the vendor is waiting on payment or confirmation of payment terms.
• Use the right tool if time matters: If informal requests stall and a lawsuit is pending (or imminent), a subpoena is often the cleanest way to set a firm production date and create enforceable obligations.
• Extra rules in workers’ compensation: If the claim is under North Carolina workers’ compensation, the statute addresses “reasonable access” to relevant medical information and sets specific timelines for providing copies of records received by an employer to the employee in certain situations.

What the Statutes Say

• N.C. Gen. Stat. § 90-411 (Record copy fee) - Allows providers to charge a reasonable fee, with statutory maximum per-page rates and a possible minimum fee, when producing copies of medical records to a patient or the patient’s designated representative.
• N.C. Gen. Stat. § 97-25.6 (Reasonable access to medical information) - In workers’ compensation claims, sets a framework for access to relevant medical information and includes certain notice and timing obligations for sharing records received.
• N.C. Gen. Stat. § 8-44.1 (Hospital medical records) - Addresses how hospital medical records can be obtained and used in court proceedings, including production through subpoena procedures and authentication issues.

Analysis

Apply the Rule to the Facts: Here, the law office received the physical therapy bills but not the treatment records, and the clinic says a third-party vendor handles records and wants the request submitted through the clinic website and then handled through the vendor’s customer service. That usually means the “missing piece” is not the right to the records, but the process: making sure the authorization names the correct recipient (including the vendor if required), the request clearly asks for treatment notes (not billing), and any copy fee requirements are satisfied. If repeated follow-ups still do not produce the records and the case needs a firm timeline, a subpoena (once a lawsuit is filed) is often the next step that creates enforceable deadlines.

Process & Timing

1. Who files: The patient or the patient’s attorney. Where: With the clinic’s designated records portal/vendor process in North Carolina. What: A HIPAA-compliant authorization plus the vendor’s request form (if required) that specifically requests “treatment records/therapy notes” for a defined date range. When: As soon as possible; if the vendor requires prepayment, address payment immediately to avoid the request sitting in a queue.
2. Escalate internally: If the portal request stalls, ask (in writing) for the name or title of the records custodian/privacy contact and request a written status update (for example: “received date,” “deficiency,” “estimated completion,” and “invoice/payment status”). Timeframes vary by provider and vendor, so getting a written “what’s missing” answer is often what breaks the logjam.
3. Use formal process if needed: If a lawsuit is pending, your attorney can typically issue a subpoena for records and set a compliance date under North Carolina civil procedure. If the recipient does not comply, the next step is usually a motion to enforce/compel compliance in the court handling the case.

Exceptions & Pitfalls

• “Bills” are not “records”: Billing printouts often arrive quickly, but therapy notes, evaluations, and progress reports may be processed differently and may require a more specific request.
• Authorization mismatch: Delays commonly happen when the authorization names the clinic but the vendor is the entity actually producing records, or when the date range/provider name is slightly wrong.
• Incomplete scope: If the request says “medical records” but does not specify therapy notes, some vendors produce only a limited set (or treat it as a billing request). Tighten the wording to “complete treatment records, including evaluation, daily treatment notes, progress notes, and discharge summary.”
• Copy fee and “invoice limbo”: North Carolina allows copy fees within statutory caps. If the vendor is waiting for payment approval, the request may not move until the invoice is paid or a fee waiver is confirmed.
• Workers’ compensation vs. personal injury: The workers’ compensation statute has its own access rules and timelines in certain situations. A typical auto or premises personal injury claim usually relies more on authorization-based requests and, if needed, subpoenas once litigation is filed.
• Subpoena timing: A subpoena is powerful, but it generally fits best once a case is filed (and must be properly served). If you wait too long to start formal process, you can create avoidable pressure near other case deadlines.

Conclusion

In North Carolina, routine medical-record requests do not have one universal statutory turnaround time for every clinic, so delays are usually solved by tightening the authorization, using the provider’s required vendor process, and promptly addressing any copy-fee invoice. If delays continue and you need a firm schedule, the most effective next step is often to have your attorney pursue a subpoena in the court handling the case and set a compliance date as soon as the lawsuit is filed.

Talk to a Personal Injury Attorney

If you’re dealing with delayed medical records that are slowing down a North Carolina personal injury claim, our firm has experienced attorneys who can help you choose the right approach—authorization cleanup, vendor escalation, or formal legal process—and keep your case on track. Call (919) 341-7055 today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.