What action should I take against this nursing home?

Ask, and ye shall receive.

I’ll note that this is probably not, at least objectively, them being shady necessarily. Federal HIPPA laws protect patient confidentiality pretty strongly, and the place may simply require more information/proof that you are able to request these forms on her behalf, simply as a CYA measure.

Mob, her Power of Attorney was signed, witnessed and notorized at her nursing home, by their people.

I have received her medical records from two other hospitals, but the nursing home declined my request. I am sure they have violated a state law.

Did they give a reason?

Dr Dredd, no. all they told me was her medical records were not there, that they had been seen to “corporate”. I assume that meant the owner of the nursing home, some big corporation.

@john65pennington – That’s not a refusal though. You need to contact whoever has the records now and request it from them.

Mob, I failed to mention that the nursing home DID have some of her medical records on CD, but that was denied, also. The CD was on the premises, at that time. This I was told by an employee. They could have given me a copy of what they had, but did not do so.

The federal Dept of Health and Human Services is the agency that regulates HIPPA matters. Their website says that the power of attorney gives you the right to make decisions for her regarding the disclosure of medical records (here). Violations of this policy should be reported directly to HHS as this is the enforcing agency. Here’s how to do that.

I’ll just say that this seems like a single instance – they’re not stonewalling you yet. Press them yourself about what you need to do to get the copies of the records, making it clear that you are aware that you have the right to them.

I have yet to hear something that clearly sounds like them telling you “you are not allowed/we will not give you the records.”

Bring a blank CD with you next time for a copy. ;-)

Thorn, thank you. I have made a copy of what to do and I am starting on it as we speak. Somehow, I feel that they have something to hide, concerning Medicare and Medicaid and I will find it. I now have a place to start.

Old detectives never give up, they just change their avenues of investigation. Thanks!!

You could also contact your state omsbudsman. They are the intermediary between the patient and the organization. After they receive your complaint, they will send out a representative to the nursing home to investigate your complaint.

I agree with @iamthemob. So far this doesn’t sound like the kind of thing where you need need to take legal action. How many times have you asked? Who have you spoken to? Was it just the person behind the desk or someone higher up? Did you bring records of your power of attorney? Did you ask to speak to their attorney?

Legal action is a HUGE step. Once you begin taking legal action, things become confrontational. (Edit: Not to mention expensive). It really sounds like you just haven’t chased them enough. (I realize I don’t know the details, but so far what you’ve said sounds like some person behind a desk is worried about getting in trouble for giving you records or is giving you a standard line).

If you are really worried, it make sense to speak to a real attorney, but make sure you’ve really spoken to the right people at the nursing home.

You need to rattle the cage; how about asking an attorney to write a stern letter on his stationery and see what happens?

I’d start with the nursing home director. If it really is just one employee not knowing what he/she is doing, the director should be able to cut through the red tape.

I’d forget any cooperation from the NH; it’s hopeless. Get a court order for her records. And good luck.

Previous questions about this situation with more background information for those putting energy into this:

Do I stand a chance to win this lawsuit?
Is now the proper time to file a lawsuit?

I just thought of something else. Does that facility have a patient advocate? Many hospitals and health care systems do. That person may be able to help you navigate the system.

This nursing home is possibly facing a negligence lawsuit from yours truly. You should see what they have done or not done to my 93 year old mother. She has a Stage 4 ulcer at the base of her spine. This is from neglect and not turning her in her bed. She is deaf and a cripple. She has lost 33 pounds since entering this nursing home. They are not feeding her. I am about to move her, when space becomes available, to another nursing home. This nursing home is currently under investigation by Medicare and Medicaid and now I know why.

Now, with that said, maybe this will shed some more light on the medical records situation. I still believe that they have violated several laws and they will never give me a copy of her medical records.

This nursing home apparently has something to hide, but I will find it.

I may have to seek a Court Order.

@john65pennington – That makes sense. To be honest, if that all was happening to me, there would have been no way I would leave without those files.

If you have any current contacts in law enforcement, I would talk to them about releasing the materials that you have a right to. See if you can go there with backup.

I approached the question differently when there was no evidence of malfeasance. Now that you point that out, I am all about you going in with every available resource.

Mob, thanks for the support. She has also fallen out of her wheelchair twice. Both required ER visits. The last was for six stitches in her forehead. This was after I had requested she be strapped into her wheelchair. They did not do this. My mother does not walk or stand and she is at their mercy for her life. They have since fired 80% of the nursing staff and a nursing agency is in place. I filed a complaint with the State of Tennessee. This got the ball rolling with Medicare and Medicaid and their investigation. So far 23 violations have been uncovered at a fine of $5,200 a day against this nursing home. I feel I must move forward with this situation, as I am my mother Power Of Attorney. She is deaf and barely can speak. Again, thanks.