How to Legally Obtain Your Loved One’s Nursing Home Medical Records
When a loved one is living in a nursing home, their medical records can help a family understand the care they are receiving. Those records may also become important if there are concerns about neglect or abuse. However, medical records are private, so a relative cannot always demand them simply because of the family relationship. A California elder abuse attorney can help determine who has the legal right to request the records and what to do if a facility refuses to provide them.
Who has the right to request nursing home medical records?
The resident generally has the right to see and obtain copies of their own medical records. Federal nursing home rules also allow a resident representative to exercise the resident’s rights to the extent that authority has been legally given to the representative.
In California, a personal representative may include a court-appointed guardian or conservator. It can also include an agent who has authority to make health care decisions for the resident. If the resident is able to make their own decisions, they may authorize another person to receive the records.
Being a spouse or adult child does not by itself always give someone full access to a living resident’s records. The nursing home may ask for paperwork showing that the person requesting the records has legal authority.
How should you request the records?
An authorized family member can contact the nursing home and ask where medical-record requests should be sent. Although federal nursing home rules allow residents to request access orally or in writing, a written request creates a useful record of what was requested and when.
The request should identify the resident and explain which records are needed. It can also state whether paper or electronic copies are preferred. The facility may reasonably ask the requester to verify their identity or provide documents showing their authority.
It may be useful to request records covering the full period related to the concern. Nursing notes and medication administration records can show what care was provided. Care plans and physician orders can show what staff were expected to do.
How quickly must a nursing home provide the records?
Federal rules give nursing home residents specific access rights. A facility covered by those rules must generally provide access to the resident’s personal and medical records within 24 hours of a request, excluding weekends and holidays. If the resident wants copies, the facility must allow the resident to obtain them with two working days of advance notice.
California law also provides access rights for patients and their personal representatives. Under California Health and Safety Code section 123110, a provider generally must allow inspection within five working days. Requested copies generally must be transmitted within 15 days.
Which rule applies can depend on the facility and the legal basis for the request. A California elder abuse attorney can review a delayed or denied request and determine what access requirements apply.
Can the nursing home charge for copies?
A facility may generally charge a reasonable cost-based fee for making copies. California law limits paper-copy charges under its patient-record statute to 25 cents per page. Records copied from microfilm may cost up to 50 cents per page.
Federal nursing home rules also limit charges to reasonable costs connected with producing the requested copies. A facility should not use copying charges as a way to prevent a resident from exercising access rights.
What if your loved one has died?
Death does not automatically make a person’s medical records public. However, California law recognizes certain people as representatives of a deceased patient. These can include the personal representative of the estate. A beneficiary may also qualify under California’s patient-record law.
The facility may require documents showing the requester’s legal status before releasing the records. HIPAA generally continues to protect a deceased person’s health information for 50 years after death. A legally authorized personal representative may exercise applicable access rights during that period.
What should you do if the facility refuses your request?
If a nursing home refuses access, ask for the reason in writing and keep a copy of your original request. A refusal may result from a lack of authorization, but a facility should not simply ignore a valid request from the resident or an authorized representative.
The Law Offices of David M. Jamieson can review whether you have legal authority to obtain a loved one’s records and whether the facility followed the applicable access rules. If you are trying to investigate possible neglect or abuse in a nursing home, speak with a California elder abuse attorney about your options. Call on (209) 353-8271 or fill in the online contact form to discuss your situation.