complaint·March 29, 2023

The Department interviewed administrator Michell Porca staff #1 (S1) who recalled receiving a Medical Record request in 02/22/23 and forwarded the request immediately to the facility’s legal representative on 02/24/23. (S1) claimed once it was forwarded to their legal representative, (S1) was no longer involved with any communications with any of the parties once it was handled by legal representatives. An interview with the legal representative witness #1 (W1) verified responding to the request in late February 2023. (W1) requested additional supporting legal documents including a Declaration of Custodian of Records for (R1). The completed documents were received on 03/13/23 according to (W1). (W1) last email communication with the complainant was on 03/16/23 in a statement “working on it” . According to (W1) there have been no follow-up calls or email communications to the complainant regarding the service records and when they will be provided to the complainant. The complainant reported there has been limited update on the request and that the legal representative (W1) failed to provide the day, time, or date when medical records will be available. There is no evidence of (W1) was in communication with the complainant for 13 days since 03/16/23 to explain the reason for the delays. Based on interviews, observations, and supporting documentation, the preponderance of evidence standard has been met; the facility failed to make available upon written consent Title 22 section § 87506(c)(1). Therefore, the allegation of: “Staff did not provide records to resident's authorized representative in a timely manner” is found to be SUBSTANTIATED. According to the California Code of Regulations (Title 22, Division 6, Health and Safety Code), the following deficiency has been observed and a citation issued (ref. LIC 9099-D). An exit interview was conducted with Michelle Porca, and a copy of the report was provided.