To obtain medical records from a nursing home in SC, the patient or their authorized representative must submit a request in writing to the nursing home. You may use a form they provide or submit the necessary information without a form. You may be required to show documentation to prove your right to access the records. The nursing home may require a fee. Our experienced Greenville nursing home abuse lawyer can help.
Why Accessing Nursing Home Medical Records Is Important
You may want to access nursing home medical records when:
- Leaving the facility
- There is a temporary absence from the facility for medical or other reasons
- Getting a second opinion from another medical professional
- Investigating something that occurred
- Understanding the patient’s care plan
- Reviewing information to determine the best care going forward
- Participating in medical research or an emerging treatment
Who Has the Legal Right To Request a Resident’s Medical Records?
The resident or their legal representative has the right to receive a copy of the nursing home resident’s medical records. The nursing home may also rely on representations from an insurance carrier to release information in good faith for claims processing.
Parties who may request records could be the following:
- The patient
- Attorney representing the patient
- Legal guardian
- Personal representative
- An insurance company for claims processing
- An insurance company for a life or health insurance application
What if a family member recently died? Do you have the right to their nursing home records?
It depends. In South Carolina, you don’t have the right to nursing home records just because you are a close family member. However, if you are the personal representative or estate administrator, you can access the records.
Step-by-Step Process for Requesting Nursing Home Medical Records in SC
- Request in writing
- Determine how to request
The nursing home may have a standard form. Check the notice of privacy practices to see if it has instructions on how to make a request.
- Use the form, if there is one
If the nursing home provides a form to request records, use it. The form should contain all the needed information. Be as specific as possible with what you are requesting.
- With no form
If there is no form, submit the following information:
- Date of request
- Organization you’re requesting from (the nursing home)
- Your contact details—name, address, phone number, email
- Patient information—name, date of birth, patient identifying number
- Dates of treatment or care
- Description of the records you want
- Whether you want a copy or only to view the records
Clarify if you want all the records or just a portion. Clarify whether you want test results or medical imaging results.
Common Obstacles Families Face When Requesting Records
Can the nursing home refuse to provide medical records because of an unpaid bill in SC?
No. South Carolina law prohibits a nursing home from withholding medical records because a patient’s bill is unpaid.
Can a nursing home charge a fee to produce patient records in SC?
Yes. A nursing home may charge a fee to produce medical records in South Carolina. They may demand payment up front.
What if the nursing home asks for a Social Security number?
Sometimes, nursing homes use Social Security numbers to identify patients. This practice is not prohibited by law. You may need to provide the patient’s Social Security number to receive records.
What if the nursing home asks for my identification as the requester?
The nursing home has the right to ask for proof of identity of the person asking for the nursing home records. This may mean showing ID, a power of attorney, or authority as the estate administrator.
Legal Remedies If a Nursing Home Refuses To Provide Records
If a nursing home refuses to provide records, it must deny the request in writing.
Your remedies include:
Discuss informally with the nursing home
You may attempt to resolve the dispute directly with the nursing home.
File a complaint
You may file a HIPAA complaint with the U.S. Department of Health and Human Services Office of Civil Rights. The Office of Civil Rights has the authority to investigate violations and enforce HIPAA laws. You may also file a South Carolina nursing home abuse complaint.
Gaining access
You may need to address any reasons that you can’t access records. For example, you may need to get a power of attorney or an appointment as the estate executor or administrator.
Court action
Under South Carolina law, you can subpoena medical records after filing a Notice of Intent to File Suit for medical malpractice. You must follow the rules of civil procedure for service and enforcement of subpoenas. In addition, you may seek disclosure of the records as part of a general, non-medical negligence claim against a nursing home.
See Thompson v. Ciox Health LLC (4th Cir. 2022) (declining to state whether failing to release medical records creates a private cause of action under the Physicians’ Patient Records Act; but see McCormick v. England (1997), (recognizing a cause of action when the violation is breach of the duty of confidentiality).
What is the South Carolina medical records statute?
The South Carolina medical records statute is S.C. Code § 44-115-10, et. seq., the Physicians’ Patient Records Act. In addition, U.S. HIPAA law regulates access to patient medical information.
How Medical Records Can Strengthen a Nursing Home Abuse Case
Medical records may be key to a nursing home abuse case. They may prove that the abuse occurred or that the victim suffered injury and damages from the abuse. They may supplement other evidence, like fact witnesses and experts, to prove a case and the appropriate compensation for a nursing home abuse victim. Without these vital records, a victim may not receive compensation, or they may not receive the compensation they deserve.
Contact an Experienced Greenville Nursing Home Abuse Lawyer
Bobby Jones Law is an experienced Greenville nursing home abuse lawyer. Attorney Robert “Bobby” Jones helps clients investigate and build claims for nursing home abuse. He can assist you in accessing medical records from a nursing home in SC. Call or message us now to talk to a lawyer and get help today.
