complaint·September 29, 2022

The email received by the Administrator on 09/09/2022 stated the following: " This is written request for my medical records for the time I was at the residence. It would include the medications given to me and who dispensed them to me. Also communications from any/all of the Doctors who I was a patient of at the same time. I have spoken to you about this in March and you assured me it would be taken care of.", with the mailing address provided for which the records were to be mailed to. The Administrator responded to the email on 09/09/2022 requesting an "Authorization for release of records" form be completed by R1 of which R1 requested this form be mailed to them. During today's inspection, the LPA conducted an interview with the Administrator who stated they mailed the release form to R1 on 09/09/2022 so R1 could indicate which records they wanted and had not received the completed form back from the resident. The Administrator stated the Regional Nurse advised him of the licensee's policy of the authorization for release of records form needing to be completed. The Administrator stated the 09/09/2022 email was the first notification he received from R1 requesting a copy of their records. The LPA conducted a telephone interview with the Regional Nurse, Staff #1 (S1) at 2:39 PM. S1 stated for current residents they release records immediately on request but for former residents, family members, etc. it is a facility policy for the release form to be completed first. The LPA also reviewed R1's signed admission agreement and did not observe any written notification or advisory about this facility policy. Today, the LPA also conducted a telephone interview with R1 who stated they received the release of records form and will be completing and returning it but stated they already informed the Administrator what records they wanted in writing in the email previously sent. Based on the information obtained, there is sufficient evidence to support the licensee did not provide R1 prompt access to their medical records requested on 09/09/2022 as regulations do not support the need for an authorization of release of records be completed and states all residents are to have prompt access to review all of their records and to purchase photocopies of their records. Photocopied records shall be provided within two business days at a cost that does not exceed community standard for photocopies. Therefore, the allegation of 'Administrator is not providing a former resident prompt access to receive a copy of their facility records' is deemed substantiated at this time. The following deficiency was cited (See LIC 9099-D) from the California Code of Regulations, Title 22 and/or California Health and Safety Code. Exit interview and report reviewed with Administrator Ken Mahler. A copy of the report and appeal rights were emailed.