Short Answer

Yes. In North Carolina, county EMS providers may charge standard medical-record copy fees for EMS patient care reports and itemized billing, even when they send them by email. These charges are typically treated as ordinary estate administration expenses that can be paid from estate funds and later approved in the accounting. Asking for electronic delivery and only the records you need can reduce the cost.

Understanding the Problem

In North Carolina probate, can a personal representative (or the estate’s attorney) be charged fees when requesting a county EMS patient care report and billing records to administer the estate after a fatal car accident? You provided the decedent’s identifiers, and the records custodian plans to email the documents to your office.

Apply the Law

Under North Carolina law, a personal representative has authority to obtain records needed to administer the estate, including medical and billing records relevant to claims and expenses. EMS treatment records are medical records, so providers may charge copy fees set by statute and policy. Those charges are generally paid from estate funds as necessary administration expenses. If an EMS agency needs proof of authority, provide Letters (Testamentary or of Administration) and a HIPAA-compliant authorization signed by the personal representative.

Key Requirements

• Authority to request: The personal representative (or their attorney) may request EMS treatment and billing records for estate administration.
• Permissible fees: EMS providers may charge reasonable, statutorily limited copy and delivery fees for medical records, even for electronic delivery.
• Estate expense treatment: Record-retrieval and copy charges are treated as necessary estate administration expenses paid from estate funds and later shown in the accounting for approval.
• Proof of authority: Expect to provide Letters and a HIPAA-compliant authorization to the records custodian.
• Forum if issues arise: Disputes connected to the estate proceed before the Clerk of Superior Court; subpoenas or court orders can be used if a provider will not honor a valid request.

What the Statutes Say

• North Carolina Gen. Stat. § 90-411 (Medical records copy fees) – Allows health care providers to charge reasonable, statutorily limited fees for copies of medical records.
• North Carolina Gen. Stat. § 28A-23-3 (Estate administration expenses) – Clerk may allow necessary charges and disbursements incurred in managing the estate.
• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – Authorizes the personal representative to take actions and employ others as needed to administer the estate.

Analysis

Apply the Rule to the Facts: Your request (EMS run report and billing) falls within the personal representative’s authority to collect records to administer the estate and evaluate claims. Because EMS records are medical records, the county EMS provider may charge standard copy fees; asking for emailed PDFs usually lowers costs compared to paper. These charges are ordinary administration expenses, so the estate can pay them and list them on the accounting for the Clerk’s approval.

Process & Timing

1. Who files: Personal representative or the estate’s attorney. Where: The county EMS records or compliance unit in North Carolina. What: A written request identifying the decedent, date of service, and a HIPAA-compliant authorization with a copy of Letters (Testamentary/Administration). When: Any time after qualification; agencies often invoice small copy fees before or at release.
2. Confirm delivery method (request electronic PDFs) and whether you need certification. Response times vary by county and provider; electronic requests commonly take a few business days to a few weeks.
3. Pay the invoice from estate funds, retain the receipt, and include the expense in the next inventory/accounting as a cost of administration for the Clerk’s review.

Exceptions & Pitfalls

• Public records misconception: County EMS medical records are confidential; public records fee rules do not apply. Expect medical-record copy fees.
• Missing authority: If you do not include Letters and a HIPAA-compliant authorization, the provider may refuse to release records.
• Unnecessary subpoena: Using a subpoena when an authorization would suffice can add witness and service costs; reserve subpoenas for noncooperation.
• Scope control: Overbroad requests increase costs. Ask only for the EMS run report and related billing for the incident date and request electronic delivery.
• Certification: Certified copies add a fee. Order certification only if a court or insurer requires it.

Talk to a Probate Attorney

If you’re dealing with EMS treatment and billing records for an estate, 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.