Dear Advocate:
Access to Medical Records

Dear Advocate,

My mother recently transferred from one nursing home to another. I know that her medical records were transferred to her current facility, but I wonder if I have a right to a copy of those records as well?

Curious in Clearlake

Dear Curious in Clearlake,

According to the Code of Federal Regulations Title 42, §483.10(2i-ii), upon an oral or written request, the resident and/or his or her representative has the right to access all records pertaining to himself or herself including current clinical records within 24 hours (excluding weekends and holidays.) For a copy of those records, you must give the facility 2 working days advance notice, and may be required to purchase them at a cost not to exceed the community standard for photocopies. Therefore, if your mother is able to request access to her records for herself, she may do so, or, if you act as her representative (which includes next of kin), you may request access to her medical records yourself. 

From the December 2001 Advocate

< back to archives