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32 | Regarding the allegation: Facility staff are not releasing resident's records to legal representative. It is being alleged that Resident #1 (R1)’s entire file has been requested, there have been six (6) attempts and there has been no release of R1’s records to legal representatives. During LPA’s pre-investigation, LPA received a HIPPA-(Health Insurance Portability and Accountability Act) Compliant Medical Authorization signed and dated by R1's son on 06/16/23 with no notarization and an Advanced Health Care Directive stating R1's son is Power or Attorney for Health Care signed and dated and notarized on May 04, 2017, including R1's signature in 2016. The Advanced Health Care Directive lists two (2) other of R1's sons for Power of Attorney but it does not list any legal representatives as Power of Attorney to receive records. There have been no documents provided to show any type of consent-(form LIC 605A) for the Release of Client/Resident Medical Information to legal representatives besides the Power of Attorney. LPA did speak to R1's Power of Attorney and they did state, "that no paperwork has been updated to show records can be released to others." The LIC 605A was signed on 10/26/23 by R1's son for the Release of Client/Resident Medical Information. LPA attempted to interview R1 but to no avail was R1 responding to LPA's question. Let it be noted, R1 is currently diagnosed with Dementia per their Physician's report and Resident Appraisal. LPA interviewed two (2) staff that confirmed they did receive information from legal representatives to receive R1's file but R1's Power or Attorney for medical records never requested such information and never updated the LIC 605A form to let anyone else receive R1's records. In addition, the person's that were requesting R1's records are not listed on R1's Identification and Emergency Information. LPA reviewed and obtained the following documents regarding R1-Physician's report and Resident Appraisal, LIC 605A, Identification and Emergency Information, Admission Agreement, Personal Rights all signed by R1's son-Power of Attorney. Therefore, based on the record reviews and interviews conducted, the allegation is UNSUBSTANTIATED at this time.
An exit interview was conducted, no citation(s) were issued for the above allegation(s), and a copy of this report was given to the Assistant Administrator. |