Access to Medical Records
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.