Nursing Home REcords

The Regulation

NOTE:  This is the revised regulation that will go into effect November 28, 2016.  The current regulation is similar but does not address electronic formats.

§483.10 Resident rights. (g)(2)

a.  The resident has the right to access personal and medical records pertaining to him or

i.  The facility must provide the resident with access to personal and medical records pertaining to him or herself, upon an oral or written request, in the form and format requested by the individual, if it is readily producible in such form and format (including in an electronic form or format when such records are maintained electronically); or, if not, in a readable hard copy form or such other form and format as agreed to by the facility and the individual, within 24 hours (excluding weekends and holidays); and

ii.  The facility must allow the resident to obtain a copy of the records or any portions thereof (including in an electronic form or format when such records are maintained electronically) upon request and 2 working days advance notice to the facility. The facility may impose a reasonable, cost-based fee on the provision of copies, provided that the fee includes only the cost of:

A.   Labor for copying the records requested by the individual, whether in paper or electronic form;

B.  Supplies for creating the paper copy or electronic media if the individual requests that the electronic copy be provided on portable media; and

C.  Postage, when the individual has requested the copy be mailed.

The law that this regulation is based on went into effect back in 1989!  You’d think 27 years later all nursing homes would be automatically following it.  You’d think you could just ask to view or get copies of records and the process would be fast and easy with nothing intimidating involved.  Unfortunately, in many of our nursing homes, this is not the case.  

Voices is trying to gather data that will give us an indication as to just how wide-spread problems in viewing or obtaining records actually are.  This is one of the first steps in finally seeing this regulation universally enforced.  Please help us with this!  If you have had difficulties in viewing or obtaining copies of records, please fill out the form below and let us add it to our records.  If you need help in exercising this right, let us know that also.