Failure to Timely Provide Medical Records to Next-of-Kin After Resident Death
Penalty
Summary
The facility failed to provide a resident's next-of-kin with copies of the resident's medical records after a formal request was submitted. The resident, a male who was his own responsible party, was found unresponsive and later pronounced dead. Following his death, the next-of-kin, listed as Emergency Contact #2, attempted to obtain the resident's medical records. The next-of-kin initially tried to have the person with Medical and Durable Power of Attorney request the records, but was informed that the power of attorney was no longer valid after the resident's death. The next-of-kin then submitted the request directly, providing documentation such as a death certificate, driver's license, and birth certificate to establish kinship. Despite multiple written and email requests, including submission of an Authorization for Release of Medical Information and supporting documents, the next-of-kin did not receive the records for over two months. The facility's Director of Medical Records (DMR) stated that requests are typically processed within 30 days and that she normally ensures timely completion. However, in this case, the request was forwarded to the facility's legal department, and due to a change in legal personnel, the request was not fulfilled. The DMR and Administrator later discovered that the attorney handling the request was no longer with the company, and the new attorney was unaware of the pending request. Throughout the process, the next-of-kin repeatedly contacted the facility for updates and clarification, referencing regulatory requirements for timely release of records. The facility's policy and federal regulations require that such requests be fulfilled within 30 days, and the DMR acknowledged that the next-of-kin, as the resident's personal representative, was entitled to the records. The failure to provide the records in a timely manner was attributed to a lack of communication and follow-through between the facility and its legal department.