Complaint Investigation Report

Regarding the allegation, “Staff are not releasing resident's records to their responsible party as required, it is being alleged that the staff did not release Resident #1’s (R1) records to a third party with verbal consent from the Power of Attorney (POA). Record review of Uniform Statutory Form Power of Attorney (04/20/2023) revealed Witness #1 (W1) has all financial powers for R1. Review of R1’ Facility Assessment Determination Addendum (02/20/2024) revealed the facility services, PACE covered services, and daily reimbursement. Review of Release of Resident Medical Information (02/13/2024) revealed R1’s Primary Care Physician is authorized to release R1’s medical or confidential information to the facility. LPA did not observe release of resident medical information to the third party. Interview with the Executive Director (S1) indicated staff cannot release records without the family’s permission. Interview with Staff #3 indicated a release form is required for records and the facility will also speak with their consultants and counsel for advice. Interview with W1 indicated W1 did not provide written consent to the third party nor to the facility. Four out of five resident interviews (R5 – R9) were unable to confirm if the facility would release their medical records to self, family, or third parties.

Regarding the allegation, “Staff are not releasing resident's records to their responsible party as required,” although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated.

An exit interview was conducted and a copy of this report with was reviewed the Executive Director and left with Staff Alyssa Rios.