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Nursing Home Records

GETTING MEDICAL RECORDS

A. Providers. Section 400.145 applies to nursing homes that are licensed under Chapter 400, Florida Statutes.

B. Confidentiality. A nursing home resident’s personal and medical records are confidential pursuant to Section 400.022(1)(m).

C. Access. Under Section 400.145 unless expressly prohibited by a legally competent resident, nursing homes are required to furnish to the spouse, guardian, surrogate, proxy, or attorney in fact of a current resident within seven working days after a written request, or from a former resident within ten working days after receipt of a written request, a copy of the resident’s records which are in the possession of the facility. Such records shall include medical and psychiatric records and any records concerning the care and treatment of the resident performed by the facility, except progress notes and consultation report sections of a psychiatric nature. Copies of such records shall not be considered part of a deceased resident’s estate and may be made available prior to the administration of an estate upon request to the spouse, guardian, surrogate, proxy, or attorney in fact.

D. Charges. The facility may charge a fee not to exceed $1 per page for the first 25 pages and 254 per page for each page in excess of 25 pages. The facility must also allow the spouse, guardian, surrogate, proxy, or attorney in fact to examine the original records or microfilms or other suitable reproductions upon reasonable terms to help assure that the records are not damaged, destroyed or altered. No person shall be allowed to obtain copies of the resident’s records more often than once per month except that physicians’ reports and resident’s records may be obtained as often as necessary to effectively monitor the resident’s condition.

If you believe you or a loved one have been the victim of medical malpractice, please let us know. We are easy to talk to and would like to review your case.