PROCEDURE FOR HANDLING RECORDS REQUESTS 

1.    Living Resident

• Request by resident, legal representative or person with signed authorization.

If a legal representative, first obtain proof that this person is the legal representative. Require either a Power of Attorney, Letters of Tutorship or Letters of Curatorship or a signed judgment stating that this person is the Curator or Tutor.

This person must be allowed to inspect the record within 24 hours of their written or oral request. And, upon a request for copies, this person must be allowed to purchase a copy of the records within two business days. Upon any request to look at the records, recommend that the nursing home offer to allow inspection within 24 hours and that the request and offer to allow inspection be documented in the patient's chart to prevent a deficiency citation. If the requestor actually comes to inspect the records, have a nursing home employee supervise the inspection and prevent theft of the records. Only allow inspection of the chart, not any incident/accident reports. Do not allow a legal representative to view the records unless he or she first provides a written verification of his status pursuant to paragraph A above.

Upon any request for copies of the records, recommend that the nursing home count the number of pages and advise of the availability and cost for purchasing the copies and document this in the resident's record. If payment is received, provide the copies requested. Do not voluntarily provide copies of the incident/accident reports, policy and procedures manual or anything other than the 
resident's chart.

You may charge for copies the following amounts:

$1.00 per page for pages 1-25
$.50 per page for pages 26-500
$.25 per page for pages 501 and above
$7.50 handling charge for any request
Actual Postage

• Request by person who is not the resident or a legal representative of the resident nor has a signed authorization from the resident.

Deny request and do not allow inspection or provide copies of records.

2.    Deceased Resident

• Request for records from Executor of Will, Administrator of Estate, Surviving Spouse, Parent or Child of deceased resident or any attorney with a signed authorization from any of these.

Have the Nursing Home ship record to us. Count pages. Draft letter to requestor indicating the appropriate charges authorized by La. R.S. 40:1299.96. Upon payment, have copies made and ship to requestor.

• Request for records from anyone who is not an Executor of the Resident's Will, Administrator of the resident's estate, Surviving Spouse or Child and who does not have a signed authorization from any of the above.

Deny request.