Failure to Timely Provide Medical Records to Resident's Legal Representative
Penalty
Summary
The facility failed to provide a resident or the resident's legal representative with timely access to the resident's medical records as required by facility policy. According to the facility's policy, copies of protected health information (PHI) for a discharged resident must be provided within 15 calendar days after receipt of a written request. In this case, a request for the resident's medical records was made by the resident's legal services, but the records were not provided until 45 calendar days after the request, significantly exceeding the policy's timeframe. Facility documentation showed that the request was approved and reviewed by the appropriate staff, including the Administrator and the Director of Nursing Services, but the actual provision or mailing of the records was delayed. The Medical Records Supervisor confirmed that the records were provided late, and the Administrator acknowledged these findings during interviews. This delay in fulfilling the medical record request constituted a failure to uphold the resident's rights as outlined in the facility's own policies.