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32 | Allegation: Staff are not providing medical records to authorized representative. It is alleged the facility ignored or refused a request to obtain and review deceased resident (R1’s) facility records that an alleged post-death beneficiary sent on February 5, 2026, and was received by the facility on February 6, 2026. The complaint alleges the facility was provided proper documentation establishing authority and beneficiary status of the alleged representative and never issued a lawful written denial of records access to the alleged post-death beneficiary. According to the complaint a letter of “enforcement and production” was sent to the facility and none of the requested documents were provided to the alleged post-death beneficiary. Administration staff were interviewed. Per staff interviews, the facility was not provided Letters of Testamentary appointing the alleged post-death beneficiary as executor, which would make them the representative of the estate. Administration staff stated the alleged certified mail request was not received. Based on record review, resident (R1) died on January 22, 2026. The resident was never under a conservatorship during their lifetime. Decision-making authority through Durable Power of Attorney (DPOA) was delegated to another individual. The findings indicate the requestor did not provide the facility with a court order that acknowledges their authority and the validity of the trust. The facility must verify the requestor’s authority through official documentation e.g., Letters of Administration or court order. The findings indicate the facility has not failed to release records to the requestor absent a court order. Therefore, there is insufficient information to support the allegation.
Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is Unsubstantiated.
Exit interview was conducted with Administrator Rochelle Carpio. A copy of the report was issued. |