Your right to obtain nursing home care and treatment records in New York
Section 18(2) of the New York Public Health Law (PHL) states that, upon written request, a “health care provider” shall provide an opportunity, within ten days, for a patient to inspect the patient’s information concerning or relating to the examination or treatment of the patient. Upon the written request of any “qualified person”, a health care provider shall furnish to the qualified person, a copy of any patient information requested which the authorized person may inspect.
Section 18(1)(b) defines “Health care provider” or “provider” as a “health care facility” or a “health care practitioner” as defined by this subdivision.
Section 18(1) (c) defines “Health care facility” or “facility” as a “hospital as defined in article twenty-eight of this chapter”
Section 2801 defines “Hospital” as “a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, or, in the case of a midwifery birth center, of a midwife, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home … .”
In addition, a “qualified person” under PHL§ 18(1)(g) includes:
a distributee of any deceased subject for whom no personal representative, as defined in the Estates, Powers and Trusts Law, has been appointed.
In addition to Section 18(2) of the New York Public Health Law (PHL), 10 NYCRR 415.3(c)(iv) mandates that you provide our client with the right “to inspect all records including clinical records, pertaining to himself or herself within 24 hours after oral or written request to the facility” and, in addition, to purchase copies with 48 hours of the request.
Moreover, 42 CFR 483.10(g) additionally requires that a nursing home must provide the records within 24 hours of the request.
Finally, the Rules and Regulations of the Board of Regents concerning professional conduct clearly require your compliance with such request. For your reference, the specific regulation referred to [Chapter 1, Board of Regents, Sec. 2(a)(6)] states:
“Unprofessional conduct shall also include … upon a patient’s written request, failing to make available to a patient … copies of the record required by paragraph 3 of this sub-division (i.e. office records) and copies of the reports, test records, evaluations of x-rays relating to the patient which are in possession or under the control of the licensee.”
If you or your loved one has suffered abuse or neglect, or sustained any of the following injuries, call LEITNER VARUGHESE today at (855) LV LAW NY (212-671-1110) or visit us on the web at www.lvlawny.com: Bed Sores or Pressure Sores (also known as “decubitus ulcers” or “pressure ulcers”) Falls resulting in fractures or other serious injury Infection or Sepsis Head injuries Injuries of unknown origin Malnutrition or Dehydration Medication Errors Choking Clogged Breathing Tubes Infected PEG tubes Physical or Sexual Assault or Abuse Physical or Chemical Restraints Burns Alzheimer's and other dementias Assaults by staff