555684
12/04/2025
Legacy Post Acute Care
1790 Muir Road Martinez, CA 94553
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 provide Resident 1's requested copies of medical records in a timely manner when Resident 1 submitted a request for his medical records in January 2025 and did not receive the records until June 2025. This failure resulted in a delay in obtaining Resident 1's medical records. Resident 1 received the medical records from the facility three days before a scheduled court date, which did not allow him sufficient time to prepare and share the information with the judge.Findings:During a record review of Resident 1's admission Record (AR) printed on 12/3/25, the AR indicated Resident 1 was admitted to the facility on [DATE] and discharged on 11/25/2022. During a phone interview on 12/3/25 at 9:24 a.m., Resident 1 stated that in December 2023 he verbally requested copies of his medical records from Administrator (ADM) 1. Resident 1 also stated that in mid-January 2024, he went into the facility and submitted a written request for copies of his medical records with the facility's receptionist. During a phone interview on 12/3/25 at 9:30 a.m., Resident 1 stated in January 2024, the Facility's Attorney (FA)1 contacted him and told him he no longer needed to go into the facility and that she would facilitate any medical record requests he had made from the facility. During a phone interview on 12/3/25 at 9:35 a.m., Resident 1 stated he informed FA 1, both verbally and by e-mail, that he wanted a copy of his medical records. Resident 1 stated there were several subsequent emails and text messages sent to FA 1 and to other attorneys of the facility making the same request for his medical records. During a phone interview on 12/3/25 at 9:33 a.m., Resident 1 stated he received the medical records in mid-June 2025, which was three days before his scheduled court date. During a phone interview on 12/4/25 at 9:09 a.m., Resident 1 stated he went into the facility and handed his written request for medical records to the receptionist in January 2025. Resident 1 stated at that time, no one asked him to sign a consent form. During an interview on 12/4/25 at 9:55 a.m., Receptionist stated in January or February 2025, Resident 1 came into the facility one afternoon and dropped off a lined piece of notebook paper with handwriting on one side, asking her to give it to ADM 2. The Receptionist stated she did not read the content of the paper and gave the paper to ADM 2. During an interview on 12/3/25 at 10:11 a.m., Medical Record Coordinator (MRC) stated that in early 2025 she received a call from Resident 1 requesting his medical records. MRC stated she told Resident 1 he would need to come into the facility to complete a consent form titled HIPAA (Health Insurance Portability and Accountability Act) Compliant Authorization for the Release of Patient Information Pursuant to 45 CFR 164.508. MRC stated she had not released Resident 1's medical records. MRC stated she had never seen Resident 1 nor received the completed consent form. During a concurrent interview and record review on 12/3/25 at 10: 30 a.m., with MRC, emails between the Administrator (ADM) 1 and MRC were reviewed. An email dated 2/6/25 indicated ADM 1 instructed MRC to gather Resident 1's complete medical record for the defense firm. A subsequent email dated 2/21/25 indicated that MRC sent the Electronic Medical Record (EMR) of Resident 1 to ADM 1
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555684
555684
12/04/2025
Legacy Post Acute Care
1790 Muir Road Martinez, CA 94553
F 0573
Level of Harm - Minimal harm or potential for actual harm
Residents Affected - Few
on that date. During an interview on 12/3/25 at 11:37 a.m., MRC stated medical records should be provided to a resident within 72 hours of a request being made. During a phone interview on 12/4/25 at 10:43 a.m., with FA 1 and FA 2, FA 1 stated she formally received Resident 1's request for his medical records on 7/15/25 via email from Legacy Post Acute Care. FA 1 stated Resident 1 received his medical records via certified mail on 7/22/25. FA 1 stated she could not provide the certified mail receipt due to the presence of resident information. A review of the facility's policy titled Request for Resident Records, no revision date, the policy stated, Requests can be honored without an authorization if they are for the purposes of treatment, payment or health care operations. This may occur when a resident's protected health information is needed for a transfer to another health care institution or clinic (for continuity of care purposes), when required by law, for thirty party payment, or when requested by the resident (including the legal representative).
555684
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