complaint·July 12, 2021

after facility's legal department review the petition and per policy facility is not authorize to provide the documents to a third party unless they are subpoena. During R1's file review LPA Flores observed R1 resided at the facility since 11/19/2019, and no longer resides at the facility. R1 was admitted to Arcadia Methodist Hospital on 1/11/21, transfer to Whittier Hospital Medical Center on 1/14/21, transfer to a higher level of care on 1/29/21, and R1 moved out of the facility on 2/11/21. R1's Identification and Emergency Information states R1 represents self, no power of attorney, or regional center involved. LPA observed and reviewed Legal Services requested R1 personal file on 5/26/21 via letter, attached a HIPAA Compliant Authorization for the Release of Patient Information Pursuant and Authorization to Handle Claim signed by R1 on 5/10/21. On 7/2/21 LPA Flores called R1 current residency 4 times in attempt to verify request of documentation with R1. LPA was not able to contact R1 left two messsage and call was not returned. Administrator visited R1 at higher level of care facility on May and there was no verbal request from R1 for personal file. Per California Code of Regulations (CCR) Title 22 it is a residents personal right to request a copy of their personal file which is to be provided to the resident within 2 days. Although R1 may have authorize legal services, facility is following CCR regulations and facility's legal department as the request is coming from a third party, not the resident, or power of attorney. Based on documents review, and interviews the preponderance of evidence standard has been met, therefore the allegation(s) are found UNSUBSTANTIATED. Exit interview was conducted with Pamela Ogot administrator and a copy of the report was provided.