Uncategorized

What should I do if the billing department doesn’t respond to my records request in a timely manner? – North Carolina

Short Answer

Under North Carolina and federal privacy rules, a healthcare provider must respond to your written request for your medical and billing records within 30 days. They can take one extra 30 days only if they send you a written notice explaining the reason and a new due date. If you get no response, escalate to the provider’s medical records or privacy office and consider a complaint to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights.

Understanding the Problem

In North Carolina, you want to know how to get your own itemized bills and medical records when a provider’s billing department won’t respond. You are the patient, you’re seeking copies, and the specific issue is what to do when no response time was given after you were told to email the billing address.

Apply the Law

Patients have a right to access their own medical and billing records held by a provider. The request should be in writing and sufficiently specific so the provider can locate the records. The provider must act within 30 days of receiving your request. If the provider needs more time, it may take one 30-day extension, but it must send you a written notice within the first 30 days with the reason and a new date. Providers may charge reasonable, limited fees for copies; asking for an electronic copy can reduce costs. If a provider does not respond, you can escalate internally (medical records/Health Information Management or privacy officer) and then file a complaint with HHS.

Key Requirements

  • Written request: Send a clear, dated request that identifies you and the date(s) of service and asks for an itemized bill and records.
  • Identity verification: Be ready to provide ID or complete any required HIPAA authorization if they ask.
  • Timing: Provider must respond within 30 days; one additional 30-day extension requires a written notice to you.
  • Format and fees: You may request an electronic copy; fees must be reasonable and cost-based under federal rules and are limited by North Carolina law for copies.
  • Limited denials: Certain narrow categories (for example, psychotherapy notes) are excluded; some denials require a written explanation and review rights.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Emailing the provided billing address is a valid way to submit a written request; include your identifiers and the dates of service. Because no timeframe was given, the 30-day clock still starts when they receive your request. If they do not respond by day 30 and do not send a written extension, escalate to the provider’s medical records/HIM or privacy officer, then consider filing an OCR complaint.

Process & Timing

  1. Who files: The patient. Where: Send your written request to the provider’s Medical Records/Health Information Management (HIM) department or the Privacy Officer (copy the billing email you were given). What: A HIPAA right-of-access request stating you want an itemized bill and your medical records for specific dates of service; request electronic copies if possible. When: The provider must respond within 30 days of receipt; it may take one extra 30 days only with a written extension sent within the first 30 days.
  2. Follow up around day 15 if you receive no acknowledgment; ask for status, fees estimate, and expected delivery date. If day 30 passes with no records and no extension, escalate to the privacy officer in writing.
  3. If still unresolved, file a HIPAA complaint with HHS/OCR online. Keep copies of your requests, follow-ups, and any responses.

Exceptions & Pitfalls

  • If you want records sent to someone else, include a written, signed direction naming that third party and where to send them.
  • Vague requests cause delays; list specific dates of service and ask for an “itemized statement” and “medical records” for those dates.
  • Some materials (such as psychotherapy notes) are excluded; if access is denied, the provider should explain why and describe any review rights.
  • Unsecured email can be risky; if you request unencrypted email, you may be asked to acknowledge the risk.
  • Fees must be reasonable; request electronic copies to minimize per‑page copying charges.

Conclusion

In North Carolina, a provider must respond to your written request for your medical and billing records within 30 days, with only one possible 30‑day extension if they send you written notice. If you get no response, escalate to the medical records or privacy office and then consider an OCR complaint. Next step: send a written HIPAA access request to the provider’s medical records/HIM department and calendar the 30‑day response deadline.

Talk to a Other Legal Matters Attorney

If you’re dealing with a provider that isn’t responding to your records request, 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.