Short Answer

In North Carolina, you can obtain an EMS billing balance and records with a valid HIPAA authorization signed by your client or proof that you are the client’s personal representative (for example, via a health care power of attorney). Submit the request through the EMS provider’s portal or records office with full identifiers. Under HIPAA, the provider generally must respond within 30 days and may take one additional 30-day extension with written notice. Reasonable copy fees may apply.

Understanding the Problem

You’re a North Carolina personal injury attorney asking: Can I get my client’s EMS billing details and related records under HIPAA? The EMS provider’s system requires a run number and date of service to proceed. You need to know what authorization is required, what to include in the request, and how quickly the provider must respond so you can move your case forward.

Apply the Law

HIPAA allows a covered EMS provider to disclose billing details and medical records to the patient, to the patient’s personal representative, or to a third party (such as the patient’s attorney) with a valid, written authorization. EMS agencies that transmit claims electronically are covered entities. The main forum is the EMS provider’s records or legal department (often via an online portal). The core timing rule is HIPAA’s 30-day response window for access requests, with one permitted 30-day extension if they notify you in writing.

Key Requirements

• Valid authorization or authority: Provide a HIPAA-compliant authorization signed by the client, or proof you are the personal representative (e.g., health care POA or similar documentation).
• Clear scope: Specify you seek billing details (itemized charges and balance) and EMS medical records (e.g., patient care report).
• Precise identifiers: Include patient name, date of birth, provider name, date(s) of service, and the EMS run number if available.
• Designated delivery: State where and how you want the records delivered (secure portal, encrypted email, or mail) and include your contact information and any portal request number.
• Format and fees: Request electronic format if preferred; expect reasonable, cost-based copy fees where allowed.

What the Statutes Say

• HIPAA: 45 C.F.R. § 164.508 (Authorizations) - Sets required elements for valid written authorization to disclose PHI.
• HIPAA: 45 C.F.R. § 164.524 (Right of access) - Provides the 30-day response timeline and permits one 30-day extension with notice.
• N.C. Gen. Stat. § 90-411 (Medical record copy charges) - Allows reasonable, cost-based fees for copies of medical records under North Carolina law.

Analysis

Apply the Rule to the Facts: Because the EMS provider requires either patient authorization or proof of personal-representative status, submit a HIPAA-compliant authorization signed by your client, or include the health care POA if you are acting as personal representative. Use the provider’s designated portal and include the patient’s name, date of birth, provider name, date(s) of service, and the run number if you have it. The provider should respond within 30 days; watch for fees and choose your preferred delivery format.

Process & Timing

1. Who files: The patient or the patient’s attorney (with authorization). Where: The EMS provider’s records/legal department or its online portal in North Carolina. What: A written HIPAA authorization (or written patient access request designating you to receive records), plus identifiers: patient name, DOB, provider name, date(s) of service, and run number if known. When: The EMS provider generally must respond within 30 days under HIPAA; they may take one extra 30 days with written notice explaining the delay.
2. The provider verifies identity/authority, locates the EMS run, and prepares billing details and records. Timeframes can vary by county and provider workload.
3. You receive an itemized billing statement and EMS medical records in the requested format, subject to any permitted copy fees.

Exceptions & Pitfalls

• Missing or narrow authorization: If the authorization lacks required elements or doesn’t clearly permit release of billing details and records, the provider may reject it. Use a complete, HIPAA-compliant form.
• Wrong authority document: A general financial power of attorney may not authorize access to medical records. Provide a health care POA or other documentation that makes you the personal representative for health information.
• Deceased or minors: For a deceased patient, the estate’s personal representative typically controls access. For minors, a parent or legal guardian often may authorize access, but exceptions apply for certain services. Expect to provide proof of authority.
• Identification gaps: If you don’t know the run number, supply the date(s) of service and all other identifiers so the provider can locate the record without delay.
• Format and fees: Specify electronic delivery to reduce costs and time. Ask for an itemized statement to ensure you get the full billing detail you need.

Talk to a Personal Injury Attorney

If you're dealing with an EMS provider to obtain billing details and records, 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.