Short Answer

Start by confirming the exact corporate entity that treated you and who holds the chart—many North Carolina health systems brand independent urgent care affiliates that keep separate records. Use a HIPAA-compliant authorization that names the precise provider entity, the service date, and the specific record types. If the provider still cannot locate the file or will not produce it, use a subpoena under Rule 45 in your civil case, or seek a court order with a privacy-protective framework.

Understanding the Problem

You need to know whether the health system or a separately operated urgent care actually holds your medical and billing records, and you want to make sure your authorization reaches the right custodian. In North Carolina personal injury matters, this often arises when a health system says it has no encounter on the service date and redirects you to an affiliate urgent care. The question is: how do you verify the correct facility and tailor your release so the custodian can lawfully produce your records?

Apply the Law

Under North Carolina law, you can obtain treatment records either by an individual authorization that complies with privacy rules or, if litigation is pending, by subpoena. Large systems may use separate corporate entities for urgent care locations; your request must identify the proper custodian by legal name. If informal requests fail, Rule 45 subpoenas can compel production, subject to objections and protective orders to safeguard private information. Copying fees for medical records are regulated by statute, and North Carolina recognizes physician–patient privilege with recognized waivers.

Key Requirements

• Identify the true custodian: Confirm the legal name of the entity that provided care (system-owned vs. independently affiliated urgent care) and its records department.
• Use a precise authorization: List the correct provider entity, exact date of service, patient identifiers (full name, DOB), and the categories needed (clinical, imaging, and billing).
• Scope for billing records: Ask separately for facility and professional billing (they are often held by different vendors or entities).
• Fallback to subpoena: If informal requests fail or timing is critical, issue a Rule 45 subpoena with a HIPAA-compliant authorization or seek a protective order.
• Expect statutory fees: North Carolina law allows reasonable copy fees; build that into your request and subpoena.

What the Statutes Say

• N.C. R. Civ. P. 45 (Subpoenas) - Allows subpoenas to command production of records, provides for objections, and court enforcement.
• N.C. Gen. Stat. § 8-53 (Physician–patient privilege) - Recognizes privilege and the conditions under which disclosure may be compelled or authorized.
• N.C. Gen. Stat. § 90-411 (Copying fees for medical records) - Authorizes reasonable fees for searching, handling, and copying medical records.

Analysis

Apply the Rule to the Facts: Because the health system could not find an encounter on your service date and redirected you, the most likely custodian is the separately operated urgent care. Your authorization should be reissued to that urgent care’s exact legal name and should specify the service date and both clinical and billing records. If the urgent care still cannot locate records or delays unreasonably, a Rule 45 subpoena to the urgent care’s records custodian (and, if needed, its billing vendor) is the next step.

Process & Timing

1. Who files: The patient or the patient’s attorney. Where: Send the HIPAA authorization to the facility’s Release of Information (ROI) department; if in litigation, serve a Rule 45 subpoena through the North Carolina Superior Court case. What: Use a HIPAA-compliant authorization naming the precise urgent care entity and date of service; for subpoenas, use the North Carolina AOC civil subpoena form and include a HIPAA authorization or seek a qualified protective order. When: Request promptly; providers typically process authorizations within standard HIPAA timeframes. Subpoenas must allow a reasonable time for compliance and state a clear return date.
2. Confirm the custodian: Call the health system’s ROI to obtain the urgent care’s exact corporate name, NPI if available, and the correct records address or portal vendor; resend a tailored authorization. Allow a reasonable processing window; county and provider workflows vary.
3. Escalate if needed: If records remain elusive, serve a Rule 45 subpoena on the urgent care’s records custodian (and separate subpoenas for facility and professional billing if different). If objections are raised, move to compel and request a protective order to limit scope and protect privacy.

Exceptions & Pitfalls

• Brand vs. owner: A branded urgent care may be independently owned; a release to the health system alone will not reach those records.
• Missing identifiers: Omitting the exact service date, patient DOB, or the record types (clinical notes, labs, imaging, and billing) can trigger denials.
• Separate billing custodians: Professional and facility bills often come from different entities; request both.
• Overbroad subpoenas: Narrow the date range and record types; be prepared for a protective order to address privacy concerns.
• Copying fees: Expect and authorize statutory fees to avoid delays in release.

Talk to a Personal Injury Attorney

If you're dealing with a health system and an affiliate urgent care pointing at each other about who has your 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.