Failure to Timely Provide Resident Access to Medical Records
Penalty
Summary
The facility failed to provide a resident with access to his requested medical records within the required two-business-day timeframe. The resident, who was cognitively intact with a BIMS score of 15, requested copies of his medical records and the contact information for his former facility physician. Despite submitting a written request and following up multiple times in person and by phone, the resident did not receive the records until three weeks later. The facility's Medical Records Director confirmed that the request was delayed due to consultation with the facility's legal team, as the resident had an active legal case against a sister company. The resident was also denied the contact information for his former physician, as the physician had retired and was no longer affiliated with the facility. Facility policy states that residents are entitled to access or obtain copies of their personal or medical records within two business days of an oral or written request. However, the resident's request was not fulfilled within this timeframe, resulting in undue concern and anxiety for the resident. The delay was attributed to internal communication with the legal team and clarification of the specific records requested, rather than prompt fulfillment of the resident's rights as outlined in facility policy.