Can I submit an EMS records request through an online portal instead of calling?
Can I submit an EMS records request through an online portal instead of calling? - North Carolina
Short Answer
Yes. In North Carolina, an EMS provider may direct you to submit records and billing requests through its online portal, as long as you include a valid HIPAA-compliant patient authorization (or documentation showing lawful authority to act) and the identifiers the provider needs to locate the record. If a lawsuit is filed, you can also obtain EMS records by subpoena under the North Carolina Rules of Civil Procedure.
Understanding the Problem
You’re asking whether, in North Carolina personal injury matters, you can request EMS billing and medical records online rather than by phone. You are the client’s attorney, and the EMS provider told you to use its legal department’s online portal for records and billing. You want to know if that is acceptable and what to include so the request is processed without delay.
Apply the Law
Under North Carolina law, EMS records can be released to the patient or a lawful representative with a valid HIPAA authorization. Providers may set reasonable procedures for receiving requests, including requiring use of an online portal and specific identifiers (for example, patient name, date of birth, date of service, run number). In active litigation, EMS records are also obtainable by subpoena duces tecum issued under the North Carolina Rules of Civil Procedure, and medical records may be used as evidence if properly authenticated. Providers may charge reasonable copy fees permitted by state law.
Key Requirements
Valid authority to access: Include a HIPAA-compliant patient authorization signed by the client, or documentation that you have lawful authority (e.g., health care power of attorney with HIPAA language or guardianship).
Provider’s intake method: Follow the EMS provider’s stated process; many require requests through an online portal or to a designated records department.
Minimum identifiers: Provide patient name, date of birth, provider name, attorney contact details, and—if available—the run number and date of service to speed retrieval.
If in litigation: You may use a subpoena duces tecum under Rule 45 to obtain records from the EMS provider.
Fees and format: Expect reasonable copy fees permitted by statute; request electronic delivery if you prefer.
Apply the Rule to the Facts: Here, the EMS provider’s legal department directed you to submit requests through its online portal or directly to the provider. That is permissible. Include a HIPAA-compliant authorization (or health care POA with HIPAA authority), patient name, date of birth, provider name, attorney contact information, and, if you have them, the run number and date of service to avoid delays. If litigation is filed, you can alternatively serve a Rule 45 subpoena for the same records.
Process & Timing
Who files: The patient or the patient’s attorney. Where: The EMS provider’s online portal or its health information/records department in North Carolina. What: A written request with a HIPAA-compliant authorization (or documentation of legal authority), including the patient’s name, date of birth, provider name, request/reference number (if assigned), attorney contact details, and—if available—the run number and date of service. When: Submit as soon as authorization is signed; providers typically respond within about 30 days to access requests.
If a lawsuit is pending, you may issue a subpoena duces tecum using the standard North Carolina subpoena form (AOC-G-100) and command production by a reasonable date. Serve the subpoena per Rule 45 and allow reasonable time for compliance.
Receive records electronically or by mail. Verify completeness (billing ledger, patient care report, run sheet). If incomplete, promptly send a follow-up request referencing the original request/subpoena number.
Exceptions & Pitfalls
Missing authority: A general POA may not include HIPAA authority; use a HIPAA-compliant authorization or a health care POA that expressly permits disclosure.
Insufficient identifiers: Omitting the date of service or run number can delay EMS record searches; include all known details and your request/reference number.
Portal-only policies: If a portal is required, follow it; if the portal is down, submit directly to the designated records/legal contact using the same information.
Litigation posture: Once suit is filed, use a Rule 45 subpoena if voluntary production is slow or disputed; ensure proper service and a reasonable compliance date.
Fees and format: Confirm allowable copy fees and request electronic delivery to reduce costs and delays.
Conclusion
Yes—North Carolina EMS providers may require you to submit records and billing requests through their portal or designated records department. Include a HIPAA-compliant authorization (or proof of lawful authority) plus the patient’s name, date of birth, provider name, your contact information, and, if available, the run number and date of service. If suit is filed, you can also obtain records with a Rule 45 subpoena. Next step: submit the portal request now and calendar a 30-day follow-up.
Talk to a Personal Injury Attorney
If you're dealing with an EMS records request for a North Carolina injury claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].
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.
