complaint·June 9, 2021

Regarding the allegation: Facility did not release resident's records to resident representative. The investigation revealed the following: On 6/9/20211 at 9am LPA Cifuentes spoke with Executive Director Tom Rekowski. Mr. Rekowski told LPA that facility had recently received a records request from a law firm on 5/25/2021. The request was accompanied by paperwork confirming the law firm as an authorized legal representative. Mr. Rekowski called the law firm on 5/26/2021 as indicated on the request and stated they would need more than a few days to fulfil the request. He then directed them to the legal clerk who would be forwarding them the files. Mr. Rekowski stated he contacted the legal department to make them aware of the request, then emailed them the first part of the file on 5/26/2021. He sent the rest of the files several days later, on 6/7/2021, once they had been pulled from the archive. ON 6/9/2021 from 10-11am LPA reviewed records received from facility. Residents admissions agreement section H states that residents, “Have the right to review and access your health care records in accordance with the requirements of applicable law.” On 6/9/2021 from 12-1pm LPA Cifuentes interviewed resident 1 -resident 7. LPA asked residents if they or their authorized representative had ever requested to see their facility record. Six out of seven residents stated they had not requested their facility records. Resident 1 stated they had requested to be given a copy of a file in their medical record and received it within minutes of their request. continued on 9099-C On 6/9/2021 LPA Cifuentes interviewed staff 1-3. LPA asked staff if they had received any records request from residents or their authorized representatives. Two out of three staff stated they had not. Staff 1 stated they had received a records request from a family member, but as that family member was not on file as POA, they sent the requested file the same day to the POA on file. Based on LPA’s observation, interviews conducted, and records reviewed, the preponderance of evidence standard has not been met. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated. An exit interview was conducted with Executive Director Tom Rekowski and a hard copy was provided via email for signature.