Access to Records
My father is in a nursing facility. They recently told me his condition
worsened, so I asked to see his medical records. Even though I have his
power of attorney for healthcare, they wont let me see his records.
What do I do?
Frustrated in Fresno
If the facility accepts Medicare and/or Medi-Cal, upon oral or written
request, it must let you see all records pertaining to your father within
24 hours, and to have copies of them within two days, at a cost no greater
than the community standard for photocopies.
If the facility does not accept Medicare nor Medi-Cal, upon written
request, it must let you see any records pertaining to your fathers
healthcare within five days, and let you have copies of them within 15
days, at a cost no greater than $.25/page and reasonable clerical costs.
Both the resident and his/her representative (i.e., next of kin, guardian,
conservator, or power of attorney) have these rights. If the facility
persists in withholding the records, file a complaint with your district
Department of Health Services, Licensing & Certification Division.