Failure to Provide Resident Records to Authorized Representative
Penalty
Summary
The facility failed to honor a resident representative's right to access the resident's personal and medical records following the resident's death. The representative completed a medical records request form at the facility, but later received a phone call from staff stating the request was denied without further explanation. The medical records coordinator reported that requests are sent to a third-party company, Rytes, for determination. In this case, Rytes denied the request, citing a lack of supporting documentation to prove the representative's authority. However, the resident's medical record contained an advanced directive appointing the representative as the healthcare power of attorney, which was not reviewed or provided to Rytes by the facility staff. The medical records coordinator admitted to not reviewing resident records and relying solely on Rytes to determine eligibility for record release. Both the coordinator and Rytes had access to the resident's medical record, which included the necessary advanced directive. The failure to review the resident's file and provide the required documentation resulted in the wrongful denial of the records request. The deficiency was confirmed through interviews and record reviews, which showed that the facility did not follow proper procedures to ensure the representative's right to access the records was honored.