Failure to Provide Timely Access to Resident Medical Records
Penalty
Summary
The facility failed to provide a copy of a resident's medical records upon request, resulting in a violation of the resident's rights. A resident with a history of hemiplegia, hemiparesis following cerebral infarction, and major depressive disorder was admitted to the facility and was determined to be unable to make medical decisions. The resident's family member was appointed as the legal representative through a durable power of attorney for healthcare. The legal representative submitted a written request for the resident's medical records via fax and mail, but did not receive the records as of the date of the interview. The Medical Record Director confirmed that a request for release of medical records was received but had not been fulfilled, citing a need for approval. The facility's policy states that residents or their representatives must be granted access to records within five days of a written or oral request. Despite this policy, the records were not provided within the required timeframe, as confirmed by both the legal representative and the Medical Record Director.