Nursing Home Residents Must Have Access to Records Pursuant to Federal Law
Access to Records is a very important issue for residents and family members who want to ensure that care and treatment in is being provided in accordance with the resident’s Care Plan. It is important that the care and treatments provided to residents of a nursing home are properly charted. By reviewing the records you can determine the medications provided, treatments provided, important events which the nursing notes, changes in the physicians orders and more. Also usually the first of investigating any allegations of abuse or neglect is to obtain a residence records and to see what was charted. Often times and determine neglect by what is not charted for example a resident who requires frequent turning and repositioning to a high risk of skin breakdown here develops severe pressure ulcer will often times have treatment records where there is minimal or nonexistent charting of the necessary care.
Therefore, access to a residence records is crucial. Nursing homes and other care providers in a nursing home such as physical therapy physicians are required to provide copies of residents chart for review pursuant to federal and state law.
The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:
(b)(2) The resident or his or her legal representative has the right—
(i) Upon an oral or written request, to access all records pertaining to himself or herself including current clinical records within 24 hours (excluding weekends and holidays); and
(ii) After receipt of his or her records for inspection, to purchase at a cost not to exceed the community standard photocopies of the records or any portions of them upon request and 2 working days advance notice to the facility.
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For concerns regarding the care and treatment of a loved one nursing home or other eldercare facility contact attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589. Mr. LaBore can also be reached by email at: KLaBore@MNnursinghomeneglect.com
