I have a brother in a State run community resident OPWDD in New York State. I am his full Legal Guardian with NO limitations to my rights over his care. He is considered a ward of the state but I am involved in all medical decisions. Recently I have been told that I can no longer contact his nurse or Dr. directly and have to go through his Medicaid Services Coordinator to request any and all his medical information. This request then goes to another person who then requests the info sent to me. This means the delay in me receiving any timely labwork or other tests could be 2-4 weeks. I have had access to this information for years but now that I am questioning things have changed. I believe I have the right to request his records directly from the dr or nurse. Is this a Civil rights issue
If you are your brother's legal guardian, then you step into his shoes. Check your guardianship order. It will outline your rights and powers. If you wish to have it reviewed by a lawyer, you might want to have a lawyer send a letter to the counsel of the hospital. But, start by checking the guardianship order.
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