What to do when a NH won't supply discharge records?
My mother and father in law were both discharged from the nursing home and came to live with us. Their medical provider is trying to obtain the official discharge records from the NH, but the NH hasn't provided them after three weeks of repeated requests for them. We have a generalized copy of the records that we got at their discharge, but the medical office wants an official copy with all nursing notes, history and physicals, MD notes, med admin records, labs, therapy notes and nursing notes from the NH. My husband has also called and asked them several times, and he provided them with a fax number to the medical provider, but all the NH says is that they are not sure what to send, and since the number my husband provided doesn't "look" like a fax number, they are going to try to send them through the mail to them. Medical provider needs them ASAP, and I am afraid that the NH will take their sweet time sending them, saying that "they sent them through the mail". What options do we have to get the NH to actually fax them to the provider quickly? My mother in law who had a stroke is having some medical issues with TIA and the provider wants to verify if the same thing happened while she was in the NH.
12 Answers
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As this is such an important issue, I'm sure you don't mean to be vague, but I am a bit confused by your query on two points.
The first is that you are combining the request for both your MIL & FIL, when you currently have an urgent medical need for your MIL's records immediately.
The second is, you repetitively refer to their/her "medical provider" or "provider" rather than using the word "doctor", which seems to me would carry more weight.
I am a big believer in documentation and paper trails. Anything you write becomes a documented basis for legal action later, if necessary. Phone calls do not protect your rights or those of your in laws because you can never prove what was said, even if you journal the time, date and person to whom you spoke.
If it is the doctor who originally needs the records, s/he should assert that fact on his or her letterhead, which will show the office's phone and fax numbers,stating also that s/he is aware of an "xx" week delay from the original request (IF in fact they had knowledge of the request, for example if his or her medical staff previously requested the information), and a DEMAND to fax your MIL's "full & complete file during the tenure of her stay"; that NOT providing such records is interfering with her medical care.
Then, YOU write a letter indicating that they will be in receipt of a letter from the doctor requiring your MIL's documents as previously requested on ... (and list all dates, times, by letter, or if by phone, to whom the request was directed. THIS is the time and place to document this to them, REGARDING ONLY YOUR MIL. Send YOUR letter "certified, return receipt" so they know you mean business.
If your FIL is being attended by the same doctor, a couple of days after the letter about your MIL, YOU write a separate letter regarding your FIL, requesting that HIS "full & complete file" be faxed forthwith to the same doctor at the same fax number as your MIL. Restate the length of time it has been since your original request, and include on HIS letter the same contact history you put on your MIL's letter, assuming that you were ALWAYS contacting the nursing home about both your MIL & FIL. If that isn't true, amend his list. Also send this letter "certified, return receipt". Save each screen postcard you get back with the appropriate letter.
In my opinion, you may only get a response if you get the doctor involved and if you begin asking for each file individually.
Should this be ineffective, your obvious next step is to take your letters, the green postcards and their doctor's letter plus any other previous documentation (other written requests or phone journals) to a GOOD lawyer, who would likely issue an immediate demand letter, referencing your letters as backup.
After you have received the necessary documents, you should report them to the officiating county and state authorities as well as to Medicare.
Find out what your legal rights are, then sic 'em!