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House advances bill making willful falsification of medical records a crime; sponsor says it can be a Class H felony
Summary
House Bill 123, as described on the floor, targets willful destruction, alteration, falsification or omission from a medical record intended to conceal medical error, abuse, neglect or services causing serious injury or death; sponsor said it can be a Class H felony when injury results. The bill passed and was sent to the Senate.
House Bill 123, titled criminal falsification of medical records, was debated on the House floor April 8 and passed on third reading, advancing to the Senate.
Representative Pless introduced the bill and Representative Blass, who spoke in detail on its elements, said the measure is intended to cover "willful destruction, alteration, falsification of, or willful omission of information from a medical record" when done to conceal the commission of a medical error, abuse, neglect or to hide services that caused a serious injury or death. Blass told colleagues the bill is not aimed at clerical mistakes or accidental omissions; it targets knowing, willful acts to conceal harm.
Blass summarized the penalty structure: "This would be a class H felony, if you did that and someone was injured." He further noted a separate component making certain cases a misdemeanor if done for monetary gain. The sponsor emphasized the bill applies to "licensed, certified, and credentialed health care providers in the state of North Carolina." The floor debate included no recorded opposition that prevented passage: the committee substitute passed second reading (recorded 88 affirmative, 24 negative) and, without objection, was read a third time and ordered to be sent to the Senate.
What the bill covers
- Elements: The sponsor described that all elements must be met — knowingly and willfully destroying, altering, falsifying or omitting information from a medical record for the purpose of concealing an error, abuse, neglect or a service that caused serious injury or death. - Scope: The sponsor said the measure applies to credentialed health care providers and is distinct from ordinary record‑keeping mistakes or permitted record destruction. - Penalties: Sponsor stated the conduct can rise to a Class H felony if injury results; separate misdemeanor designation for monetary‑gain cases was also described.
Status and next steps
The House recorded a second‑reading tally of 88 yes and 24 no and passed the bill on third reading; the measure was ordered to be sent to the Senate for further consideration.
Reporting note: Quotes and characterizations are drawn from the sponsor's floor remarks as read into the record on April 8.
