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YOU Have the RIGHT TO YOUR RECORDS!

Your right to obtain your nursing home records within 24-48 hours is well established and grounded in many laws and policies:

Facilities Residents Rights: Your facility is required to Post Residents Rights which include the guarantee/right for you access to your records.

Federal Law: 42 CFR Sec. 483.10(b)(2)(i) requires that a nursing home is to
produce on request of a resident the nursing home records within 24
hours.

State Law: 940 CMR 4.08(6), (10) requires that a nursing home is to
produce on request of a resident the nursing home records

State Regulations: The Massachusetts Division of Health Care Quality within the Department of Public Health can also assist when a facility refuses to turn over Nursing Home Records.
Division of Health Care Quality
99 Chauncy Street, Boston, MA 02111
(617) 753-8000

To Download a Medical Release (Hippa) Form: http://malpractice.blogspot.com/2011/02/hippa-form.html

To make a complaint with DPH (Department of Public Health)
Call the DPH Complaint Hotline DPH 1-800-462-5540

Massachusetts Executive Office of Elder Affairs
General Information & Referral Assistance (9am-5pm)
Telephone: (617) 727-7750 or 1-800-882-2003
(24 hours) 1-800-882-2275
Web Site: http://www.mass.gov/elder

For someone who is living, their signature or that of a "Durable Power of ATtorney" or authorized representative is sufficient.

For those deceased, Nursing Homes will generally require that a properly appointed estate representative make the record request.

You will be required to pay a reasonable copy fee.

Call us at 617-479-4300 if a loved one has been injured by a lack of care in a nursing home.