Caregiver with Private Medical Records
Caregiver with Private Medical Records

Pursuant to 42 CFR 483.10 (8)(iii)(d) Privacy and Confidentiality

“The resident has the right to—

(e) Privacy and confidentiality. The resident has the right to personal privacy and confidentiality of his or her personal and clinical records.

(1) Personal privacy includes accommodations, medical treatment, written and telephone communications, personal care, visits, and meetings of family and resident groups, but this does not require the facility to provide a private room for each resident;

(2) Except as provided in paragraph (e)(3) of this section, the resident may approve or refuse the release of personal and clinical records to any individual outside the facility;

(3) The resident’s right to refuse release of personal and clinical records does not apply when—

(i) The resident is transferred to another health care institution; or

(ii) Record release is required by law.

Privacy and Confidentiality is a very important right for residents, personal and medical information is confidential and should not be released to persons without a need to know in the facility.  Further, confidential information should not be released to family members, friends, other residents, etc.   Only legal representatives should be allowed to receive information beyond the necessary caregivers.

Please contact Attorney Kenneth LaBore with any questions you may have at 612-743-9048.

Medical records are important as they are the most common tool used to track and help determine the care needed for a resident and also to support allegations of neglect such as falls, urinary tract infections, medication errors, bed sores and others.

Minnesota Elder Abuse and Neglect Attorney Kenneth LaBore

Privacy and Confidentiality for Nursing Home Residents