Not necessarily.
A power of attorney is one way a family member or responsible party may obtain medical records for their family member or loved one.
Nursing home patients and their representatives should have access to their medical records in California. Despite this, some facilities deny requests but in many cases the denial is unlawful.
If you have been denied access to nursing home records with a power of attorney, do not hesitate to contact my office to discuss your situation in a free consultation.
If you are interested in learning more about requesting medical records from a nursing home in California with a power of attorney, read more below.
Requesting Nursing Home Records with a Power of Attorney
If the patient is incompetent or has designated another person (“agent”) to act on their behalf regarding health care decisions, then that person also has a right to the patient’s records.
California Health and Safety Code § 123100
California law requires that representative have access to patient’s medical records. In doing so, “representative” has been defined broadly and includes a person operating under a power of attorney or medical health care directive.
“The Legislature finds and declares that every person having ultimate responsibility for decisions respecting his or her own health care also possesses a concomitant right of access to complete information respecting his or her condition and care provided. Similarly, persons having responsibility for decisions respecting the health care of others should, in general, have access to information on the patient’s condition and care. It is, therefore, the intent of the Legislature in enacting this chapter to establish procedures for providing access to health care records or summaries of those records by patients and by those persons having responsibility for decisions respecting the health care of others.” Ca. Health and Safety Code §123100.
As used in this chapter:
(e) “Patient’s representative,” “patient’s personal representative,” or “representative” means any of the following:
(1) A parent or guardian of a minor who is a patient.
(2) The guardian or conservator of the person of an adult patient.
(3) An agent as defined in Section 4607 of the Probate Code, to the extent necessary for the agent to fulfill his or her duties as set forth in Division 4.7 (commencing with Section 4600) of the Probate Code.
(4) The beneficiary as defined in Section 24 of the Probate Code or personal representative as defined in Section 58 of the Probate Code, of a deceased patient. Ca. Health and Safety Code §123105.
California Probate Code § 4607.
(a) “Agent” means an individual designated in a power of attorney for health care to make a health care decision for the principal, regardless of whether the person is known as an agent or attorney-in-fact, or by some other term.
(b) “Agent” includes a successor or alternate agent.
The key is the power of attorney or medical health care directive authorizes the agent (person acting on the nursing home patient’s behalf) to make health care related decision for the patient. If it does, then that person should be able to obtain the medical records.
Requesting Nursing Home Records with a Power of Attorney
To request records with a power of attorney, the agent (“person acting on the patient’s behalf”) should complete a request for records that comply with California Evidence Code §1158.
Once completed, the agent should indicate that the records are being requested by an agent and attach a copy of the power of attorney.
What if The Power of Attorney is Denied Access to The Medical Records?
It is unlawful to deny a patient or their representative access to their medical records. If you have been denied access to medical records, it is likely unlawful.
More importantly, being denied access to records can be a red flag.
If you have been denied records I strongly urge you to speak with an attorney AND especially if you have been denied records and you suspect abuse or neglect has occurred.
You may bring an action to obtain the medical records and if you win, you may be awarded attorney’s fees.
You may have an attorney request the records which will increase the likelihood the records will be produced.
You may report the facility to the appropriate authorities, or you may do all the above.
I offer free and confidential case evaluations. I may be able to help you obtain the records for you. If you need any help or want answers to more question, do not hesitate to reach out.