Failure to Provide Timely Access to Resident Medical Records
Penalty
Summary
The facility failed to provide timely access to medical records for a resident's representative, as required by its own policy. The representative submitted a written, signed, and dated authorization for release of protected health information, requesting the resident's medical records. Despite multiple requests and the completion of the required authorization form, the representative did not receive the records within the facility's stated 48-hour timeframe. Interviews and record reviews revealed that the delay was due in part to a miscommunication regarding the format in which the records should be sent and an error in the resident representative's email address as documented in the electronic medical record (EMR) contact list. The social service director attempted to email the records using the incorrect email address, resulting in the representative not receiving the requested information. The business office manager and nursing home administrator later identified the error in the contact information. Staff interviews confirmed that the facility's policy required records to be provided within 48 hours of a valid request, but staff initially believed they had up to 30 days to fulfill the request. The error in the email address and the misunderstanding of the policy's timeline led to the failure to provide the records in a timely manner, as required by facility policy and federal regulations.