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Inspection visit

Health inspection

LEGACY POST ACUTE CARECMS #5556841 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

This survey cited 1 deficiency. The full statement and the facility’s plan of correction follow, verbatim from the federal record.

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 (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: 555684 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 555684 B. Wing A. Building (X3) DATE SURVEY COMPLETED 12/04/2025 NAME OF PROVIDER OR SUPPLIER STREET ADDRESS, CITY, STATE, ZIP CODE Legacy Post Acute Care 1790 Muir Road Martinez, CA 94553 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 Residents Affected - Few FORM CMS-2567 (02/99) Previous Versions Obsolete 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). Event ID: Facility ID: 555684 If continuation sheet Page 2 of 2

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Citations

1 citation recorded*CMS

What do CMS severity letters mean?

Serious (G-L). Actual harm to a resident, or immediate jeopardy. Codes G through I indicate actual harm; J through L indicate immediate jeopardy to resident health or safety.

General (A-F). No actual harm found, or harm that is minimal. The facility must still submit a Plan of Correction. Most CMS citations land here.

Each letter combines severity with scope: how many residents the deficiency affected.

  • 0573GeneralS&S Dpotential for harm

    F573 - The resident has the right to access personal and medical records pertaining

    Let each resident or the resident's legal representative access or purchase copies of all the resident's records.

FAQ · About this visit

Common questions about this visit

What happened during the December 4, 2025 survey of LEGACY POST ACUTE CARE?

This was a inspection survey of LEGACY POST ACUTE CARE on December 4, 2025. The surveyor cited 1 deficiency, recorded on the federal Form 2567 statement of deficiencies.

Were any deficiencies cited at LEGACY POST ACUTE CARE on December 4, 2025?

Yes, 1 deficiency was cited, each with a CMS Scope and Severity grade. The first was: "Let each resident or the resident's legal representative access or purchase copies of all the resident's records."

What type of survey was this?

This was a inspection survey conducted by state surveyors under federal Centers for Medicare & Medicaid Services (CMS) oversight. Findings are published on CMS Care Compare.

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Next steps

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Data from CMS Care Compare public records. Dataset last refreshed . If you believe any information is inaccurate, report it here.