If you are a resident of a nursing home, you have the right to access your medical records. You can request copies of your medical records, and the nursing home has two business days to give you a copy of your records. Your request should be made in writing. You will have to pay for the cost of the copies to the nursing home if asked, but you cannot be charged more than $.25 per page, or $.50 per page if the records are copied from microfilm. The nursing home can also ask you for a reasonable sum from you for clerical costs. You may also ask for copies of your financial records from the nursing home, with the same copy costs.
In addition, the persons you have designated in your HIPAA statement or in your health care power of attorney may request copies of your nursing home records for you. HIPAA stands for the “Health Insurance Portability and Accountability Act.” You can also sign a release form allowing others the right to request your nursing home records on your behalf. The nursing home may want to delay the process of providing copies of the documents to you, but they must comply under the law, within two working days.
Most nursing homes are cooperative in this regard, but it seems that few people are aware that they may ask for their records. If you are the resident of a nursing home who is asking for your records, your authority is under a Federal Code, and if the request is made by your representative, it would be under a California State Code. The within information is not to be taken as legal advice, but only as general information. You should consult with your Elder Law Attorney or Medi-Cal attorney in Walnut Creek, CA for additional information.
Michael J. Young, Attorney at Law, is an estate planning attorney and Medi-Cal qualification attorney in Walnut Creek, CA. For additional information, please visit our website at www.WalnutCreekElderLaw.com LawYoung1@Gmail.com Our address is at 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596. 925-256-0298. Mr. Young serves Contra Costa and Alameda Counties, including the cities of Alamo, Walnut Creek, Concord, Danville, Pleasant Hill, Brentwood, Antioch, Clayton, etc. Mr. Young advises clients regarding Medi-Cal, Probates, Probates with Real Estate, Medi-Cal, nursing home costs, asset protection, the VA Aid and attendance pension benefit, and long term care planning. Mr. Young is an Elder Law Attorney and Probate Attorney with offices in Walnut Creek, CA. Walnut Creek Elder Law Attorney, Walnut Creek Probate Attorney. Senior Law Attorney. Walnut Creek Medi-Cal attorney. Mr. Young is certified by the VA and is a member of the National Academy of Elder Law Attorneys (NAELA).