Getting medical records from a nursing home is relatively straightforward. If you suspect neglect or abuse, you should promptly request the medical records AND report the abuse to the appropriate agencies.
Residents of nursing homes and authorized third-parties have the right to access the resident’s medical records and the right to copy them. 42 C.F.R. §§ 483.10(g)(2) and (g)(2)(ii).
The Resident
A resident may obtain access to their medical or financial records by requesting them orally or in writing from the facility. (Requesting the records in writing and keeping a copy of the request is recommended).
The facility has 24 hours to provide the resident access to the records upon receiving the request. Weekends and holidays do not count toward the 24-hour time requirement.
If the resident seeks copies of the records they should state so in their request. The facility is permitted to charge the resident 0.25 per page.
Authorized Third Party
An authorized third party representing the resident has the same right to access to the resident’s medical records.
Authorized Third-Party Defined
Under California law, an authorized third party includes the following person(s):
- The Parent of a minor resident
- The guardian of a minor resident;
- The conservator of an adult resident;
- An agent under a power of attorney for the resident’s health care decisions;
- A beneficiary of an inheritance, will, or trust; or
- A family member that is making health care decisions on behalf of an impaired resident;
Residents may also allow a third-party access to their records by signing a release form.
Authorized Third-Party Access
An authorized third party may obtain access to a resident’s medical or financial records by requesting orally or in writing from the facility. (Requesting the records in writing and keeping a copy of the request is recommended).
The facility has 24 hours to provide the third-party access to the records upon receiving the request. Weekends and holidays do not count toward the 24-hour time requirement.
If the resident seeks copies of the records they should state so in their request. The facility is permitted to charge the resident 0.25 per page and has two-days to provide copies, not including weekends or holidays.
If you need help requesting records from a nursing home you’ve had a problem with, get in touch with me today.