Short Answer

In North Carolina, your attorney should first send a HIPAA‑compliant authorization or patient access request directly to the urgent care that actually maintains the records, not the larger health system. If a lawsuit is filed, the attorney can also subpoena the records from the urgent care under Rule 45 of the North Carolina Rules of Civil Procedure. Confirm the custodian, follow the provider’s release process, and track response timelines and copy fees.

Understanding the Problem

In North Carolina, can my attorney get the right urgent care to release my medical and billing records when the main health system says it doesn’t have them and points us to a separate urgent care? Here, the key fact is that the health system could not locate the visit and directed the firm to a different, standalone urgent care.

Apply the Law

Under North Carolina law, providers may release medical records with a valid patient authorization or upon a proper request from the patient (or the patient’s HIPAA personal representative). Before litigation, attorneys typically use a HIPAA‑compliant authorization sent to the provider’s Health Information Management (HIM)/Medical Records department. After a lawsuit is filed in a North Carolina court, records from a non‑party provider may be compelled with a subpoena under Rule 45. Providers may charge reasonable, itemized copy fees under state law. Federal privacy rules generally give providers up to 30 days to respond to a proper access request, so tracking timing matters.

Key Requirements

• Identify the true custodian: Confirm the urgent care’s legal entity and that it—not the health system—holds the chart and billing file.
• Use a proper authorization: Include patient identifiers, narrow date range, the specific visit, and request both the clinical “designated record set” and itemized billing.
• Follow the urgent care’s process: Many stand‑alone clinics require their own release form and accept requests only through HIM/Medical Records or a portal.
• Litigation tool (if suit is filed): Serve a Rule 45 subpoena on the urgent care to produce records to the pending case, observing privacy and notice requirements.
• Costs and format: Expect reasonable, itemized copy fees; request electronic delivery to reduce cost and delay.

What the Statutes Say

• North Carolina Gen. Stat. § 1A‑1, Rule 45 (Subpoenas) - Allows subpoenas to nonparties in a pending case to produce documents, including medical records, subject to privacy protections.
• North Carolina Gen. Stat. § 90‑411 (Medical record copy charges) - Permits reasonable, itemized fees for searching, handling, and copying medical records.
• North Carolina Gen. Stat. § 8‑53 (Physician–patient privilege) - Protects confidential medical information, with court authority to compel disclosure when necessary and proper.

Analysis

Apply the Rule to the Facts: Because the health system could not locate the visit and redirected the firm, the attorney must first confirm which separate urgent care actually maintains [PATIENT]’s chart and billing for [DATE]. Once confirmed, the attorney should submit a HIPAA‑compliant authorization to that urgent care’s HIM/Medical Records department. If a lawsuit is filed later, the attorney can issue a Rule 45 subpoena to that urgent care for the same records.

Process & Timing

1. Who files: The attorney for [PATIENT]. Where: Directly to the separate urgent care’s HIM/Medical Records or privacy office in North Carolina. What: The provider’s own release form or a HIPAA‑compliant authorization that names the urgent care, specifies the [DATE] visit, and requests both medical and itemized billing records. When: Send immediately; providers generally have up to 30 days to respond to a proper request.
2. Confirm the custodian: Call the health system and the urgent care to verify the urgent care’s legal name, tax ID/EIN (or DBA), and EHR vendor, and request written confirmation or a re‑direct letter. If the urgent care uses a release portal, create credentials and submit the request there. Ask for electronic delivery to reduce fees.
3. If suit is filed: Who files: Plaintiff’s attorney. Where: In the pending North Carolina civil action (District or Superior Court). What: A Rule 45 subpoena duces tecum to the urgent care for the [DATE] visit records and itemized billing, observing any required notices or protective orders. When: Set a reasonable return date and coordinate with opposing counsel as needed.

Exceptions & Pitfalls

• Wrong entity: Chain‑owned urgent cares often use different record systems. Verify the exact clinic location and corporate entity before sending the request.
• Incomplete authorization: Missing patient identifiers, signatures, or date range leads to denials. Include a photo ID if the provider requires it.
• Pre‑suit subpoena: You generally cannot use a Rule 45 subpoena before a case is filed. Use an authorization or patient access request instead.
• Who may sign: For minors, a parent/guardian must sign; for incapacitated adults, a court‑appointed guardian or valid health care agent; for deceased patients, the court‑appointed personal representative (provide Letters Testamentary/Administration).
• Sensitive records: Certain mental health or substance‑use records may need extra consents or a court order; ask the custodian what they require.
• Fees and format: Expect copy fees under state law; request electronic delivery to minimize costs and delays.

Talk to a Personal Injury Attorney

If you're dealing with an urgent care records re‑direction and need to get the right medical and billing files quickly, 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.