Failure to Provide Timely Access to Resident Medical Records
Penalty
Summary
The facility failed to follow its own policy and procedure for providing timely access to a resident’s medical records when a resident representative requested records for one of the sampled residents. The resident, admitted with rheumatoid arthritis, anemia, HTN, and later documented with dementia without behavioral disturbance, required partial to moderate assistance with ADLs and had a family member designated as DPOA for medical decisions. The facility’s policy, revised in late 2025, stated that residents have the right to access their personal and medical records within 24 hours (excluding weekends and holidays) of a request and to obtain copies within two business days of an oral or written request. The policy also allowed a legal representative to grant others access to the resident’s records through a written request specifying what information should be released and to whom. The Medical Records Director reported that the facility received a written medical records request from the resident’s representative by mail on 12/31/2025. However, the MRD did not begin processing the request until returning from vacation on 1/5/2026 and ultimately provided the records to the resident’s representative on 1/12/2026. The MRD stated that records are typically provided within two business days after corporate office review and approval. The Facility Administrator confirmed that the records were not released within the two-day timeframe specified in the facility’s policy because the facility was waiting for clearance from the corporate office. The FA also stated that a medical records consultant was available when the MRD was off, but that consultant was responsible for 60 other facilities. As a result, the resident’s representative was denied timely access to the requested medical records in accordance with the facility’s own policy.
