The Regulation

What it means to you

[Code of Federal Regulations] [Title 12, Volume 1] [Revised as of January 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR483.10] [Page 504-509]               TITLE 42--PUBLIC HEALTH CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES--(Continued) PART 483--REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES--Table of Contents Subpart B--Requirements for Long Term Care Facilities Sec. 483.10  Resident rights.     (b) Notice of rights and services.     (2) The resident or his or her legal representative has the right--     (i) Upon an oral or written request, to access all records pertaining to himself or herself including current clinical records within 24 hours (excluding weekends and holidays); and     (ii) After receipt of his or her records for inspection, to purchase at a cost not to exceed the community standard photocopies of the records or any portions of them upon request and 2 working days advance notice to the facility.

A resident or a responsible person can ask to see all of his/her records at 2 PM on Tuesday and must be given access to them before 2 PM on Wednesday.  The request doesn't have to be made in writing.  You can just say to the nurse, "I want to see my records."   If you want copies of parts or all of your records, the facility must give them to you within 2 working days.  This applies also to a guardian or responsible person with a POA.  The facility can charge for this service but they can only charge a resonable rate.  To find out the current maximum charge for copying records contact the Maryland Office of Health Care Quality.