Long Term Care

Medical Records Request and Resident Rights

  • 1.  Medical Records Request and Resident Rights

    Posted 08-13-2019 06:00 PM
    ​I have been seeing plaintiff's attorneys when seeking medical records argue that Resident Rights (483.10(g)(2)) applies when they are requesting records and as such they are entitled to all records within 48 hours.  In most cases the resident upon whom they are requesting records has passed or is no longer in the facility and they want all records so it is a lot of paper.  I take the position that does not apply.  Just curious if anyone else is seeing this and has any thoughts.

    Barbara Barrett
    Chief Compliance Officer
    Reliant Care Management Co
    St Louis,MO
    2020 HCCA Membership

  • 2.  RE: Medical Records Request and Resident Rights

    Posted 08-14-2019 06:39 AM
    I haven't been seeing these requests, but you are right.  The 48 hours (for me it is really 24 hours) is only when the patient is still in the facility.  If they are deceased or have been discharged - you have at least 30 days then an extension if you notify why it is difficult to get the information to process.  This comes from Maryland state regs.  Don't know your state, but you may find it there.

    Barbara Naimark
    Compliance Official
    Severna Park,MD

    2020 HCCA Membership

  • 3.  RE: Medical Records Request and Resident Rights

    Posted 08-16-2019 03:29 PM
    We continue to only apply the Resident Rights requirements for producing records to current residents in the facility.  Once a resident is discharged from the LTC facility, they are no longer a resident and we follow HIPAA requirements for producing requested records.  An individual becomes a resident and gain Resident Rights when they sign the admission agreement, and it is terminated when they are discharged. An individual could only become a resident again if they enter into a new admission agreement.

    Steve Paterson
    Chief Quality & Compliance Ofcr
    United Church Homes & Services

    2020 HCCA Membership

  • 4.  RE: Medical Records Request and Resident Rights

    Posted 08-17-2019 12:10 PM
    You have it right.  I do the same thing

    2020 HCCA Membership