Failure to Timely Provide Resident Access to Medical Records
Penalty
Summary
The facility failed to provide a resident with timely access to their requested medical records. The resident verbally requested copies of their medical records from the administrator in December 2023 and subsequently submitted a written request to the facility's receptionist in January 2024. Despite multiple follow-up communications, including emails and text messages to the facility's attorneys, the resident did not receive the requested records until mid-June 2025, which was only three days before a scheduled court date. The receptionist confirmed receiving a handwritten note from the resident and passing it to the administrator, but did not read its contents. The Medical Record Coordinator (MRC) stated that she informed the resident a consent form was required but never received the completed form or saw the resident in person. Internal emails showed that the administrator instructed the MRC to gather the resident's complete medical record for the defense firm, and the MRC sent the electronic medical record to the administrator in February 2025. The facility's policy allows residents to request their own records without additional authorization, but the records were not provided to the resident within the expected timeframe. The MRC acknowledged that records should be provided within 72 hours of a request. The delay in providing the records resulted in the resident receiving them only shortly before a court date, limiting the time available to prepare and share the information as needed.