How Do I Get My Chart from Nursing Home
Getting your medical records in a nursing home should be easy for the resident who sound mind or their legal representative (guardian, attorney in fact from power of attorney and/or health care directive)
A nursing home is required to maintain medical records for client and retain them for at least 5 years, pursuant to Minnesota Administrative Rules, Chapter 4658.0470.
Accessing Records in Nursing Home
According to Minnesota Administrative Rule, Chapter 4658.0445, a resident’s clinical record must be started at admission and incorporated into a central unit record system. The clinical record must contain sufficient information to identify the resident, contain a record of resident assessments, the comprehensive plan of care, progress notes on the implementation of the care plan, and a summary of the resident’s condition at the time of discharge.
Release of Health Information
According to Minnesota Stat. 144.293, Subd. 2, a provider, or a person who receives health records from a provider, may not release a patient’s health records to a person without:
(1) a signed and dated consent from the patient or the patient’s legally authorized representative authorizing the release;
(2) specific authorization in Minnesota law; or
(3) a representation from a provider that holds a signed and dated consent from the patient authorizing the release.
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Answer: According to Minn. Stat 144.293, Subd. 4, duration of consent. Except as provided in this section, a consent is valid for one year or for a period specified in the consent or for a different period provided by Minnesota law.
Answer: According to Minn. Stat. 144.293, Subd. 7, exception to consent. Subdivision 2 does not apply to the release of health records to the commissioner of health or the Health Data Institute under chapter 62J, provided that the commissioner encrypts the patient identifier upon receipt of the data.
Answer: According to Minn. Stat. 144.292, Subd. 2, patient access. Upon request, a provider shall supply to a patient within 30 calendar days of receiving a written request for medical records complete and current information possessed by that provider concerning any diagnosis, treatment, and prognosis of the patient in terms and language the patient can reasonably be expected to understand.
Answer: Pursuant to Minn. Stat. 144.293, Subd. 6, cost. (a) When a patient requests a copy of the patient's record for purposes of reviewing current medical care, the provider must not charge a fee.
(b) When a provider or its representative makes copies of patient records upon a patient's request under this section, the provider or its representative may charge the patient or the patient's representative no more than the following amount, unless other law or a rule or contract provide for a lower maximum charge:
(1) for paper copies, $1 per page, plus $10 for time spent retrieving and copying the records;
(2) for x-rays, a total of $30 for retrieving and reproducing x-rays; and
(3) for electronic copies, a total of $20 for retrieving the records.
(c) For any copies of paper records provided under paragraph (b), clause (1), a provider or the provider's representative may not charge more than a total of:
(1) $10 if there are no records available;
(2) $30 for copies of records of up to 25 pages;
(3) $50 for copies of records of up to 100 pages;
(4) $50, plus an additional 20 cents per page for pages 101 and above; or
(5) $500 for any request.