Delayed Release of Medical Records to Legal Representative
Penalty
Summary
The facility failed to provide a copy of requested medical records to the legal representative of a resident within the required timeframe. The legal representative submitted a written request for the resident's medical records, billing records, photography, charts, writings, admission agreements, utilization review committee records, and x-rays. The facility's records indicated that the request was received, but the records were not released until 22 working days after the request was made. The resident in question had been admitted to the facility and was later discharged to an acute care hospital. During interviews, the Director of Medical Records (DMR) stated that she believed the facility had 30 days to release medical records based on her training, though she could not recall the specifics of the training. The facility Administrator explained that medical record requests were first sent to the legal department for review, which typically took up to 24 hours, and that records should be released within 48 hours after the request. The facility's policy indicated that records may be released upon legal approval in accordance with the minimum necessary standard.