F 0573
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Let each resident or the resident's legal representative access or purchase copies of all the resident's
records.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review, the facility failed to ensure a resident was able to exercise the right to access
personal and medical records for one of three residents (Resident 1), when medical records for Resident 1
were requested by a law firm for a legal matter but were not delivered within two working days of the
request as per the facility's policy.
This failure resulted in a violation of Resident 1's right to have access to medical records as requested by a
law firm.
Findings:
During a review of Resident 1 Face Sheet (contain resident demographic), the Face Sheet indicated,
Resident 1 was admitted on [DATE], with diagnosis that included multiple sclerosis (a chronic disease that
damages the central nervous system, including the brain, spinal cord, and optic nerves) and was
discharged on August 10, 2023.
During a review of Resident 1 ' s Minimum Data Set (facility assessment tool), dated May 17, 2023, under
Section C, it indicated her Brief Interview for Mental Status (BIMS) score was 15. (A BIMS score of 13 to 15
suggests the patient is cognitively intact.)
During an interview on January 28, 2025, at 12:52 PM with the Director of Health Information (DHI), the
DHI stated that she had received a request for medical records via fax, which was time stamped January
16, 2025, at 1:56 PM. The fax was sent to the Business office fax number, but she did not receive it until
January 24, 2025. She elaborated that the requested documents had not been dispatched as she was still
awaiting approval from the facility's legal team to release them, and she had not yet reached out to the law
office representing Resident 1.
During a review of a facsimile request from Resident 1 Legal Representative dated January 16, 2025,
indicated a request for records to be provided within two working days following the receipt of that
correspondence.
During a concurrent record review and interview with the DHI, the Director of Nursing (DON), and the
administrator (Admin). The facility Policy and Procedure (P&P) titled, Release of information statement ,
November 2009, was reviewed. The P&P indicated, .9. A resident may have access to his or her records
within 48 hours (excluding weekends or holidays) of the resident's written or oral request. 10. A resident
may obtain photocopies of his or her records by providing the facility with at least a forty-eight (48) hour
(excluding weekends and holidays) advance notice of such request. A fee may
(continued on next page)
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that other
safeguards provide sufficient protection to the patients. (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days following the
date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14 days following the date
these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued program participation.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 2
Event ID:
055213
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
055213
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/28/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Rialto Post Acute Center
1471 S Riverside Ave
Rialto, CA 92376
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0573
Level of Harm - Minimal harm
or potential for actual harm
be charged for copying services. The DHI acknowledged a delay in the distribution of the documents, noting
a shortcoming as the documents were not dispatched within the specified time frame, and both the DON
and the Admin concurrently agreed.
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
055213
If continuation sheet
Page 2 of 2