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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. Section 400.145, provides in part:

(1) Upon receipt of a written request that complies with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and this section, a nursing home facility shall furnish to a competent resident, or to a representative of that resident who is authorized to make requests for the resident’s records under HIPAA or subsection (2), copies of the resident’s paper and electronic records that are in possession of the facility. Such records must include any medical records and records concerning the care and treatment of the resident performed by the facility, except for progress notes and consultation report sections of a psychiatric nature. The facility shall provide the requested records within 14 working days after receipt of a request relating to a current resident or within 30 working days after receipt of a request relating to a former resident.

(2) Requests for a deceased resident’s medical records under this section may be made by:

(a) A person appointed by a court to act as the personal representative,
executor, administrator, curator, or temporary administrator of the deceased resident’s estate;
(b) If a judicial appointment has not been made as provided in paragraph
(a), a person designated by the resident to act as his or her personal representative in a last will that is self-proved under s. 732.503; or
(c) If no judicial appointment has been made as provided in paragraph (a) or no person has been designated by the resident in a last will as provided in paragraph (b), only the following individuals:

1. A surviving spouse.
2. If there is no surviving spouse, a surviving child of the resident.
3. If there is no surviving spouse or child, a parent of the resident.

(3) All requests for a deceased resident’s records made by a person authorized
under:

(a) Paragraph (2)(a) must include a copy of the letter of administration and a copy of the court order appointing such person as the representative of the resident’s estate.
(b) Paragraph (2)(b) must include a copy of the self-proved last will
designating the persona s the resident’s representative.
(c) Paragraph (2)(c) must be accompanied by a letter from the person’s
attorney verifying the person’s relationship to the resident and the absence of a court-appointed representative and self-proved last will.

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(5) If a nursing home facility determines that disclosure of the records to the
resident would be detrimental to the physical or mental health of the resident, the facility may refuse to furnish the records directly to the resident; however, upon
such refusal, the resident’s records shall, upon written request by the resident, be furnished to any other medical provider designated by the resident.

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(7) A nursing home facility is not required to provide copies of a resident’s records pursuant to this section more than once per month, except that copies of physician reports in the resident’s records must be provided as often as necessary to allow the effective monitoring of the resident’s condition.

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(9) This section does not limit any right to obtain records by subpoena or other
court process.

D. D. Charges. Section 400.145 also provides:

(4) A nursing home facility may charge a reasonable fee for the copying of resident records. Such fee may not exceed $1 per page for the first 25 pages and 25 cents per page for each additional page. The facility shall allow a person who is authorized to act on behalf of the resident to examine the original records, microfilms, or other suitable reproductions of the records in its possession upon any reasonable terms imposed by the facility to ensure that the records are not damaged, destroyed, or altered.

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