How can you expedite a request for nursing home records?

Two laws and one letter can help you cut through red tape and obtain nursing home records on a fast track.

First, there is a federal law that requires nursing homes to make records available rapidly.  42 CFR Sec. 483.10(b) (2) provides that a resident or his/her legal representative has the right, upon an oral or written request to access all records within 24 hours.  The same law, 42 CFR Sec. 483.10(b)(2) , also requires the nursing home to allow you to purchase the copies of the record with two working days advance notice to the facility.

Second, the charge for copies of medical and hospital records is set by Maine law, and  may not exceed $10.00 for the first page and .35 for each additional page (22 MRSA §1711-A).

The letter request (and it should be a letter request) can be mailed or faxed and must include:

• The correct address of the nursing home administrator.  That might be different from the address of the nursing home itself.
• A signed authorization. 
• A request that requests the certified complete chart.  Make clear to ask for the entire chart, and specifically state that you want all records that are in the chart, including those created by or provided from other facilities or health care providers.
• The patient’s name, date of birth and social security number.
• The reference to the federal law and Maine law by the numbered title, which will encourage the facility to take the request more seriously.

If you take these steps you’ve set yourself up for speedy retrieval of records that might otherwise take weeks to obtain.

Alison Wholey Mynick, RN Esq.

Briggs & Counsel

Rockport, ME

www.maine-personal-injury-lawyers.com