Is there anything I can do to help speed up getting the missing medical records? – North Carolina

Short Answer

Yes. In North Carolina, the fastest way to move a stalled medical-records request is usually to (1) confirm the provider has a complete, correctly signed authorization and any required proof of legal authority, (2) pay any copying/search fees promptly, and (3) follow up with the provider’s medical records (HIM/ROI) department using the provider’s preferred submission method (portal, fax, or mail).

If the provider still does not respond, the next step is often a more formal written demand from counsel and, once a lawsuit is filed, using court-issued subpoenas and enforcement tools to compel production.

Understanding the Problem

Under North Carolina wrongful death practice, a common delay happens when one medical provider has not sent records and billing, even though most other providers have responded. The decision point is whether anything can be done on the client side to reduce avoidable delays so the firm can take the next step in the case once the file is complete. The issue usually turns on whether the provider has what it needs to legally release the records and whether administrative steps (identity, authority, fees, and routing to the correct department) are holding up the request.

Apply the Law

North Carolina law allows a health care provider to charge a regulated, “reasonable” fee for copying and related handling of medical records, and delays often improve once the provider confirms payment and a complete request packet. In a wrongful death matter, providers also commonly require proof that the requester has legal authority to receive the decedent’s protected health information (for example, documentation showing the personal representative/estate authority or a properly completed authorization naming the correct recipient). Requests are typically processed through the provider’s Health Information Management (HIM) or Release of Information (ROI) office, not the treating clinician’s office.

Key Requirements

• Complete authorization and authority: The provider must have a properly completed medical authorization (and, for a deceased patient, any required proof of who is legally allowed to receive the records).
• Correct routing and identifiers: The request must reach the provider’s HIM/ROI department with enough identifying information (full name used during treatment, date of birth, dates of service, and what is being requested: records, itemized billing, radiology images, etc.).
• Fees handled quickly: If the provider requires prepayment or sends an invoice, prompt payment (or confirming the firm will pay) often removes the last administrative barrier.

What the Statutes Say

• N.C. Gen. Stat. § 90-411 (Record copy fee) – Allows providers to charge regulated per-page and minimum fees for copying and mailing medical records, which can affect how quickly a request is processed if payment is pending.

Analysis

Apply the Rule to the Facts: Here, most records and bills have been received, but one provider remains outstanding. That pattern often means the provider either (1) did not receive the request, (2) routed it to the wrong place, (3) needs a corrected authorization or proof of authority, or (4) is waiting on payment or an internal invoice approval. The most effective “speed up” steps focus on confirming the request packet is complete and removing any fee or routing issues that prevent the HIM/ROI team from releasing the file.

Process & Timing

1. Who follows up: The firm (and sometimes the client, if the provider will speak with the client). Where: The provider’s HIM/ROI department in North Carolina. What: Confirm the provider has (a) the signed authorization, (b) proof of legal authority to receive a deceased patient’s records if required, (c) the exact date ranges and categories requested (records and itemized billing), and (d) the correct delivery method (secure email, portal, fax, or mail). When: Follow up within a few business days after confirming the request was sent, and again after any invoice is issued.
2. Remove common blockers: If the provider says an invoice is required, request that it be emailed/faxed immediately and arrange payment the same day if possible. If the provider says the authorization is “not acceptable,” ask what specific field is missing (date range, signature date, witness/notary requirement if any, recipient name, or purpose) and resubmit a corrected authorization promptly.
3. Escalate if needed: If routine follow-ups fail, request escalation to a supervisor in HIM/ROI and ask for a written status update. If a lawsuit is filed, counsel can typically use subpoenas and court procedures to compel production when a provider does not respond to voluntary requests.

Exceptions & Pitfalls

• Wrong person requesting: In a death case, a provider may refuse to release records unless the request comes from (or is authorized by) the legally recognized personal representative or another authorized party. A mismatch here can stall the request indefinitely.
• Incomplete scope: Asking for “records” but not “itemized billing,” or missing a date range, can lead to partial production and repeated back-and-forth.
• Fees and third-party vendors: Many providers outsource copying to a records vendor. If an invoice is pending, production may not start until payment is logged, even if the request is otherwise valid.
• Calling the wrong department: Treating offices often cannot release records. The HIM/ROI office controls the queue and can confirm receipt, status, and what is missing.

Conclusion

Yes—there are practical steps that often speed up missing medical records in a North Carolina wrongful death matter: confirm the provider’s HIM/ROI department has a complete authorization and any required proof of legal authority, make sure the request clearly covers both records and itemized billing for the correct dates of service, and promptly resolve any invoice under the record-copy fee rules. The most effective next step is to have the firm (or the authorized requester) contact HIM/ROI to confirm receipt and immediately cure any listed deficiencies.

Talk to a Wrongful Death Attorney

If a wrongful death case is waiting on one last provider to send records and billing, our firm has experienced attorneys who can help clarify what the provider needs and what options exist if delays continue. 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.