HB 123 — Criminal Falsification of Medical Records.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 21 HOUSE BILL 123 Committee Substitute Favorable 3/18/25 Short Title:

Representative Pless.

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary 2, if favorable, Health, if favorable, Rules, Calendar, and Operations of the House February 17, 2025 A BILL TO BE ENTITLED AN ACT TO CREATE THE OFFENSE OF WILLFUL DESTRUCTION, ALTERATION, OR FALSIFICATION OF, OR OMISSION OF INFORMATION FROM MEDICAL RECORDS.

Article 5229 of Chapter 1490 of the General Statutes is amended by adding a new section to read:

"§ 14-401.28.90-413.

Willful destruction, alteration, or falsification of, or willful omission of information from medical records.

(a) Definitions.Offense.

– TheIt followingis definitionsunlawful applyfor a health care provider to thisknowinglyand section:willfully destroy, alter, or falsify a medical record, or to direct any person to knowingly destroy, alter, or falsify a medical record, for any of the following purposes:

(1) HealthConcealing the commission of an error by the health care provider.provider in providing medical services that caused injury to or the death of a patient.

–(2) AnyUnlawfully individualobtaining whomoney is licensed, certified, or credentialedany underother Chapterthing 90, 90B, or 90C of thevalue. General Statutes, or Article 7 of Chapter 131E of the General Statutes.

(2)(3) MedicalConcealing record.any material fact not covered under subdivision (1) of this subsection relating to a potential claim or cause of action.

–(b) PersonalPunishment. information that relates to an individual's physical or mental condition, medical history, or medical treatment.

(b)– Unless the conduct is covered under some other provision of law providing greater punishment, anyviolations healthof caresubsection provider(a) whoof knowinglythis andsection willfullyare destroys,punishable alters,as falsifies,follows: or omits information from a medical record;

directs(1) anyA individualviolation toof destroy,subdivision alter,(1) falsify,of orsubsection omit(a) informationof fromthis section is a medicalClass record;H felony.

or(2) conspiresA withviolation one or more health care providers to destroy, alter, falsify, or omit information from a medical record for the purpose of concealingsubdivision the(2) commission of asubsection medical(a) error, or abuse or neglect of athis patient,section by a health care provider in providing medical services that caused serious injury to or the death of a patient is guilty of a Class HI felony.

(c)(3) UnlessA theviolation conductof issubdivision covered(3) underof somesubsection other(a) provision of lawthis providingsection greateris punishment, any health care provider who knowingly and willfully destroys, alters, falsifies, or omits information from a medicalClass record;A1 misdemeanor.

directs(c) anyCivil individualRemedies. to destroy, alter, falsify, or omit information from a medical record;

or conspires with one or more health care providers to destroy, alter, falsify, or omit information from a medical record for the purpose of concealing any material fact not covered under subsection (b) of this section relating to any potential claim or cause of action arising from a health care provider providing medical services is guilty of a Class A1 misdemeanor.

(d) Unless the conduct is covered under some other provision of law providing greater punishment, any health care provider or other individual who offers or receives money or any other thing of value in exchange for the destruction of, alteration of, falsification of, or omission of information from a medical record for either purpose identified in subsection (a) or (b) of this section is guilty of a Class I felony.

*H123-v-2* General Assembly Of North Carolina Session 2025 (e) Civil Remedies.

Page*H123-v-1* 2 House Bill 123-Second Edition