We would like the copy of an incident report from a nursing home. we are guardians of my uncle. What are the HIPPA Regs?

Asked about 1 year ago - Richmond, VA

Uncle smack the hand of another resident. Resident family filed legal suit. we requested a copy of incident report from NH and they are not willing to provide. What does HIPPA regs say about information from chart of resident. We are his legal guardians. We have a right to that report according to HIPPA regs, at least I thought.

Attorney answers (5)

  1. Robert Dean

    Contributor Level 8

    2

    Lawyers agree

    Answered . Our law firm handles nursing home complaints throughout Virginia. We have successfully argued in court that residents are entitled to incident reports - in fact, there are Virginia laws that say incident reports are a part of the medical record, and you have a right to see them.

    Give my office a call at (540) 985-0098, and I would be glad to get a copy for you from the nursing home.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

  3. Kevin M Garrison

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Generally nursing homes and hospitals will take the position that incident reports are not part of the medical records but are rather internal documents. Usually difficult to obtain unless/until you file a suit.

  4. David J. McCormick

    Contributor Level 20

    Answered . I would take up Attorney Dean’s offer and give him a call.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. Kenneth Lee LaBore

    Pro

    Contributor Level 15

    Answered . I thought I answered this before maybe it did not go through. Incident reports may be protected under federal and state quality assurance regulations. Nursing Homes need to investigate incidents to ensure they are trying to keep residents safe - they are supposed to have an "incident report" this report is for the purpose to let members of the "quality assurance committee" If the right people were present there is a presumption of confidentiality.... that is the nursing home argument.

    Is this situation I would imagine that if you have an attorney that would be able to make a motion to compel the release of the document. This is can be a complicated issue.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more

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