Failure to Timely Provide Resident Records to Legal Representative
Penalty
Summary
The facility failed to provide a resident's representative with copies of the resident's medical records within the required forty-eight-hour timeframe after receiving a written request. The representative hand-delivered an authorization request for the records, which was received by facility staff. Despite this, the medical records staff did not promptly process the request, stating uncertainty about when the request was received and indicating that the request may have been left in the administrator's office. The medical records staff later confirmed to the representative that the request was still being processed several weeks after the initial submission. Ultimately, the requested documents were not mailed until forty-two days after the initial request, as confirmed by a USPS receipt. The facility's own policy required that such requests be fulfilled within forty-eight hours, excluding weekends and holidays. The delay in providing the records was due to a lack of timely communication and follow-through by both the medical records staff and the administrator, resulting in the representative not receiving the necessary documents within the mandated period.