1. If a person who is authorized to request a copy of health care records of a patient pursuant to NRS 629.061 requests that a copy of such records be furnished electronically, the custodian of health care records must electronically transmit a copy of the requested records to the person or, if the patient has provided written authorization for records to be furnished to another person or entity, to that person or entity. Such records must be furnished in an electronic format using a method of secure electronic transmission that complies with applicable federal and state law. 2. Except as otherwise provided in subsections 3 and 4, if a custodian of health care records maintains health care records electronically, any fee to furnish those records electronically pursuant to subsection 1 must not exceed $40 or the amount per page prescribed by NRS 629.061 , whichever is less. 3. If the total amount of the fee chargeable pursuant to subsection 2 for the furnishing of health care records electronically is less than $5, a custodian of health care records, other than a custodian of the health care records of a state or local governmental entity, may charge a fee of $5 for the furnishing of those health care records. 4. A custodian of health care records, other than a custodian of the health care records of a state or local governmental entity, may charge the following fees to furnish health care records electronically, in addition to the total amount of the fee charged pursuant to subsection 2 or 3: (a) A fee of $5 for written confirmation that no health care records were found. (b) A fee of $5 for furnishing a copy of a certificate of the custodian of health care records. (c) A fee of $20 for a copy of a printed film sheet. (d) A fee of $25 for furnishing a copy of radiologic images in any form other than a printed film sheet. 5. As used in this section: (a) Custodian of health care records has the meaning ascribed to it in NRS 629.016 and additionally includes a covered entity or business associate, as those terms are defined in 45 C.F.R. 160.103. (b) Health care records has the meaning ascribed to it in NRS 629.021 and additionally includes individually identifiable health information, as defined in 45 C.F.R. 160.103. (c) Secure electronic transmission means the sending of information from one computer system to another computer system in such a manner as to ensure that: (1) No person other than the intended recipient receives the information; (2) The identity and signature of the sender of the information can be authenticated; and (3) The information which is received by the intended recipient is identical to the information that was sent.
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