What specific information should I include in a records and billing request to avoid delays?
What specific information should I include in a records and billing request to avoid delays? - North Carolina
Short Answer
To avoid delays in North Carolina, include a signed patient authorization (or other legal authority), the patient’s full name and date of birth, the EMS run number, the exact date of service, the EMS provider’s name, your portal request number (if applicable), and your firm’s contact details. Clearly state you seek both the EMS medical record (run sheet, narrative) and the itemized billing, your preferred delivery method, and that you will pay copying fees allowed by state law.
Understanding the Problem
In North Carolina, a personal injury attorney needs an EMS provider to release a client’s EMS medical record and billing. The provider said they require patient authorization or a power of attorney, and their system won’t proceed without a run number and date of service. You want to know exactly what to put in your request so it is processed quickly and not bounced back for missing details.
Apply the Law
Under North Carolina law, healthcare providers may require a valid patient authorization or legal representative authority before releasing protected health information. If a provider will not release records voluntarily, records can be compelled in a civil case by subpoena issued under the North Carolina Rules of Civil Procedure. Providers may charge reasonable copying and delivery fees set by North Carolina statute. The main forum for compulsory process is the civil action pending in the county’s Superior Court; voluntary requests go directly to the provider’s Health Information Management or designated portal.
Key Requirements
Valid authority to release: Include a signed patient authorization or proof of representative authority (e.g., health care agent or court‑appointed representative) that clearly describes the records and any expiration.
Precise patient identifiers: Full legal name and date of birth; include last four of SSN only if the provider requests it.
Encounter specifics: EMS run number and exact date of service so the provider can locate the correct trip.
Provider and request identifiers: The EMS agency name and any portal request or ticket number so the legal team can match your submission.
Scope and format: State you need the EMS medical record (run sheet, narrative, vitals, attachments) and separate itemized billing, and specify secure delivery (portal upload, secure email, or mail).
Contact and payment: Attorney name, firm, phone, email, mailing address, and a statement agreeing to pay statutory copy fees.
Apply the Rule to the Facts: Here, the EMS provider requires authorization or legal authority before releasing records, so include a signed patient authorization (or power of attorney/other representative documentation). Their system also requires the EMS run number and date of service, so add both along with the patient’s name and date of birth. Because the legal department directed requests through a portal, include the portal request number, the EMS agency name, and your firm’s contact details, and specify you seek both records and itemized billing with payment for copy fees.
Process & Timing
Who files: The attorney or authorized agent. Where: Through the EMS provider’s portal or Health Information Management; if compelled, via the civil action in the county’s Superior Court (Clerk of Superior Court issues/file-stamps as needed). What: Cover letter/request plus signed patient authorization; if compelled, a subpoena under Rule 45. When: Submit promptly after engagement; allow the provider a reasonable time to process or comply with any subpoena.
After submission, monitor the portal/ticket. If nothing moves, call the provider’s records/billing unit with the portal request number, run number, and date of service. Be ready to re-upload legible ID and authorization if requested.
Upon approval, the provider will deliver records and billing via the portal, secure email, or mail. If refused or delayed without cause, consider a Rule 45 subpoena in the pending case, allowing reasonable time to comply and addressing any privacy objections.
Exceptions & Pitfalls
Missing authority: Requests without a signed patient authorization or acceptable representative documentation are often rejected.
Wrong or incomplete identifiers: Omitting the run number or date of service commonly stalls EMS requests; confirm these before submitting.
Billing vs. records: Some providers treat billing and medical records separately; state that you request both and list delivery preferences.
Portal mismatch: Not including the portal request/ticket number can prevent staff from locating your submission.
Representative status: For minors, incapacitated adults, or decedents, different decision-makers may be required; confirm who is authorized before you submit. Specific statutory citations can vary by the instrument and status.
Copy fees: If you do not agree to pay or provide a method for payment, fulfillment may pause under the state’s copying‑fee statute.
Conclusion
To avoid delays, send a complete package: a valid patient authorization (or legal representative authority), patient name and date of birth, the EMS run number and date of service, the EMS provider’s name, your portal request number, and your full contact details. State you seek both EMS medical records and itemized billing, your preferred delivery method, and that you will pay statutory copy fees. If voluntary release fails, file a Rule 45 subpoena in the pending civil case and allow a reasonable time to comply.
Talk to a Personal Injury Attorney
If you're dealing with EMS records and billing delays after an injury, 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.
