House Bill 123 creates a new criminal offense for the willful destruction, alteration, falsification, or omission of information from medical records by health care providers, and in some cases by other individuals involved in the conduct. The bill defines “health care provider” broadly to include licensed, certified, or credentialed individuals under specified chapters of the General Statutes, and defines “medical record” as personal information relating to a person’s physical or mental condition, medical history, or treatment.
The bill distinguishes between two main categories of misconduct. If a provider tampers with records to conceal a medical error or abuse or neglect that caused serious injury or death, the offense is a Class H felony. If the conduct is intended to conceal another material fact related to a potential claim or cause of action arising from medical services, the offense is a Class A1 misdemeanor. It also makes it a Class I felony to offer or receive money or anything of value in exchange for destroying, altering, falsifying, or omitting medical-record information for either prohibited purpose. The bill states that existing civil remedies are not affected and takes effect December 1, 2025, applying only to offenses committed on or after that date.
Impact
The bill would add a new section to Article 52 of Chapter 14 of the North Carolina General Statutes, creating criminal penalties specifically tied to medical-record tampering in the health care context. It would expand potential liability for health care providers and others who participate in record destruction or falsification, while preserving any separate civil claims or remedies that may already exist. The measure would also establish new felony and misdemeanor classifications for conduct involving concealment of medical errors, abuse, neglect, or other material facts connected to claims arising from medical treatment.
Sentiment
The available voting history suggests the bill had meaningful support in the House, passing second reading 88-24. No committee transcript is available, so there is no recorded debate to indicate detailed arguments for or against the measure. Based on the vote margin and the bill’s stated purpose, the overall sentiment appears generally favorable, with a substantial majority supporting stronger penalties for medical-record falsification.
Contention
The main point of contention is likely the scope of criminal liability and how broadly the bill reaches conduct by health care providers and potentially other individuals. Supporters would likely view the bill as a patient-protection and accountability measure aimed at deterring concealment of medical errors, abuse, neglect, and litigation-related facts. Opponents may be concerned about overcriminalization, the breadth of the definitions, and whether the bill could create chilling effects for providers or overlap with existing criminal and civil remedies. The bill’s distinction between felony and misdemeanor treatment also suggests debate over proportionality of punishment.