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 allow the resident to obtain a copy of the records upon
request and upon two working days advance notice to the facility for 1 of 5 residents (Resident #1) whose
records were reviewed in that:
The facility failed to provide a Resident #1's RP with a copy of Resident #1's medical records after a
request was submitted to the facility.
This deficient practice could affect residents and could contribute to a delay in the due legal process for
residents.
The findings were:
Record review of Resident #1's electronic medical record, reviewed on [DATE], revealed Resident #1 was
admitted to the facility on [DATE] with diagnoses of gastro-esophageal reflux disease without esophagitis
[acid reflux], hypomagnesemia [high magnesium levels in the blood], other hyperlipidemia [high fat levels in
the blood], and unspecified atrial fibrillation [an abnormal heartbeat]. There was no RP designated in this
section of the electronic medical record.
Record review of Resident #1's admission agreement, dated [DATE], revealed Resident #1 designated an
RP.
Record review of Resident #1's nursing progress note dated [DATE] and written by LVN B, revealed
Resident #1 passed away on [DATE].
Record review of an electronic fax, dated [DATE], revealed Resident #1's RP requested for medical records
through an attorney. Further record review of this electronic fax revealed Resident #1's RP became the
administratrix of Resident #1's estate on [DATE]. This electronic fax included the Letter of Administration,
dated [DATE]. This electronic fax included a HIPAA compliant authorization form for the release of protected
health information to Resident #1's RP's attorney, dated [DATE].
Record review of Resident #1's RP's voice mail, dated [DATE] at 3:17 p.m., revealed neither she nor her
attorney have received any records from the facility. Resident #1's RP stated her attorney had been in
contacted with Medical Records, who said that because Resident #1 was in the facility for less than 24
hours, she (Medical Records) was waiting for Corporate to allow her (Medical Records) to release medical
records to Resident #1's RP.
(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 4
Event ID:
675890
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
675890
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/27/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
The Heights at Medical Center
3935 Medical Dr
San Antonio, TX 78229
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
During an interview on [DATE] at 10:19 a.m., Medical Records stated whenever a resident or family
member made request, the resident must fill out a medical request form which then goes to the Compliance
Officer. The Compliance Officer will then decide whether the records are released. Medical Records stated
the resident's representative was also able to request resident's records. Medical Records stated once the
resident or the resident's representative requests information, it was disclosed as soon as possible, but it
was dependent on whether or not the Compliance Office approved the request. Medical Records stated she
knew that Resident #1's family had requested the documents in the past and it was denied by the
Compliance Officer because Resident #1's RP's attorneys were speaking with the facility's corporate legal
team. Medical Records stated she did not know exactly why Resident #1's family's request for records was
denied. Medical Records stated she did not know if Resident #1 designated a responsible party. Medical
Records stated she recalled Resident #1's RP's attorneys had send a letter of an independent
administratrix, which she forwarded to the Compliance Officer.
On [DATE] at 11:40 a.m., an interview was attempted with the Compliance Officer. The call went to
voicemail and a voicemail was left with this surveyor's name and callback number. A return call was not
received prior to the end of this investigation.
During an interview on [DATE] at 12:14 p.m., the DON stated a resident's RP could request records if the
resident's RP was the MPOA. The DON stated once the resident was deceased , the MPOA was no longer
valid. The DON stated if a resident's family member was not the MPOA but was requesting records, they
would follow the direction of the Compliance Officer. The DON stated he did not know Resident #1
designated a responsible party. The DON stated Resident #1's family had requested records and Resident
#1's family's attorney was involved. The DON stated the facility had not disclosed records to Resident #1's
family. The DON stated once the facility received a request for records, they submit the request right away
to the Compliance Officer. When asked what sort of negative effects could occur to the residents if records
were not disclosed within 48 to 72 hours, the DON stated, possibly the family was unaware of any
follow-through that has to be happening to the resident in regards to the care.
During an interview on [DATE] at 1:51 p.m., the Administrator stated the Compliance Officer provided
oversight to the medical records office. The Administrator stated once a resident or responsible party
requested records, the request was submitted to the Compliance Officer and the records are disclosed
within 48 hours. The Administrator stated a resident's responsible party had the right to request verbal
information and a responsible party had the right to request records if the responsible party was the POA.
The Administrator stated once the resident passed away, the facility followed HIPAA guidelines. At this
point, this surveyor requested a copy of the HIPAA guidelines that were being followed by the facility. The
DON stated Resident #1's family requested records before, but were denied by the Compliance Officer,
who stated the family needed TO be an executor of the state. The Administrator stated, [Resident #1] must
have had an RP. I understand that. But that does not allow you to release medical records to an RP. They
have to have documentation that they're acting on behalf of the resident. Like a power of attorney or a
guardianship. When asked if the facility had a quality assurance process to ensure resident records were
disclosed within 48-72 hours of request, the Administrator referred this surveyor to the compliance officer.
When asked what sort of negative effects could occur to the residents if records were not disclosed within
48-72 hours of request, the Administrator stated, I wouldn't be able to answer that.
During an interview and record review on [DATE] at 2:47 p.m., this surveyor and Medical Records reviewed
the facility's electronic fax inbox and confirmed the facility received the email from Resident #1's RP's email
dated [DATE], which is the same email that included the HIPAA-approved release of
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675890
If continuation sheet
Page 2 of 4
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
675890
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/27/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
The Heights at Medical Center
3935 Medical Dr
San Antonio, TX 78229
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
information and proof Resident #1's RP was now Resident #1's Administratrix of the estate. Medical
Records stated she forwarded this email to the Compliance Officer.
Record review of an email from the DON to this surveyor, sent on [DATE] at 1:38 p.m., revealed a release of
information policy. Record review of this policy titled, Release of Information, not dated, revealed the
following: All information contained in the resident's medical record is confidential and may only be released
by the written consent of the resident or his/her legal representative (sponsor), consistent with state laws or
regulations . Closed or thinned medical records are maintained in the Medical Records Department and are
available only to authorized personnel. Authorized personnel include, but are not necessarily limited to:
.Resident/Representative (Sponsor) . A resident may only obtain photocopies of his or her records by
providing the facility with at least forty-eight (48) hour (excluding weekends and holidays) advance notice of
such request. There was no record in this policy about any requirements for an administrator or executor of
the resident's estate to obtain a resident's records.
Record review of an email from the Administrator to this surveyor, sent on [DATE] at 2:19 p.m., revealed
another release of information policy. Record review of this policy revealed a policy titled, Release of
Medical Records, dated [DATE], revealed the following: Residents or Authorized Representative after
discharge: .Medical records of a deceased resident may be requested by the personal representative
(Administrator or Executor) of the resident's estate.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675890
If continuation sheet
Page 3 of 4
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
675890
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/27/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
The Heights at Medical Center
3935 Medical Dr
San Antonio, TX 78229
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 0580
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Immediately tell the resident, the resident's doctor, and a family member of situations (injury/decline/room,
etc.) that affect the resident.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review, the facility failed to immediately notify a resident's representative when there
was a significant change in the resident's physical, mental, or psychosocial status for 1 of 1 residents
(Resident #1) reviewed for notification of changes in that:
The facility failed to ensure Resident #1's RP was notified when Resident #1 was transferred to a local
hospital on 7/27/23.
This deficient practice could place residents at risk of not having their family or legal representative notified
when having a change of condition.
The findings were:
Record review of Resident #1's electronic medical record, reviewed on 3/25/24, revealed Resident #1 was
admitted to the facility on [DATE] with diagnoses of gastro-esophageal reflux disease without esophagitis
[acid reflux], hypomagnesemia [high magnesium levels in the blood], other hyperlipidemia [high fat levels in
the blood], and unspecified atrial fibrillation [an abnormal heartbeat]. There was no RP designated in this
section of the electronic medical record.
Record review of Resident #1's admission agreement, dated 7/26/23, revealed Resident #1 designated an
RP.
Record review of Resident #1's nursing progress note, dated 7/27/23 at 2:03 a.m. and written by RN A,
revealed Resident #1 was sent to the hospital. There was no documentation indicating Resident #1's RP
was notified.
During an interview on 3/25/24 at 12:55 p.m., Resident #1's RP stated she was not informed when
Resident #1 was transferred to the hospital in the early morning of 7/27/23.
During an interview on 3/26/24 at 2:43 p.m., RN A stated she recalled notifying the DON and Resident #1's
physician, but she did not recall if she notified the family when she transferred Resident #1 in the early
morning of 7/27/23. RN A stated, I guess I didn't. RN A stated she should have notified the family.
During an interview on 3/27/24 at 12:14 p.m., the DON stated the staff should notify the resident's
responsible party for any change of condition. The DON stated he did not know if Resident #1's family was
notified when Resident #1 was transferred to the hospital in the early morning of 7/27/23. When asked if the
facility had a process to ensure a resident's responsible party was notified of any change in condition, the
DON stated there was a morning meeting every weekday. The DON stated if there were any residents who
had specific changes, then the facility followed guidelines on notifying the family and ensuring the
documentation was done.
Record review of a facility policy titled, Change in a Resident's Condition or Status, not dated, revealed the
following: our facility shall promptly notify the resident . and representative (sponsor) of changes in the
resident's medical/mental condition and/or status.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
675890
If continuation sheet
Page 4 of 4