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I am a caregiver for a LO, who is currently in the nursing home system. We are looking for a resource or guidance on access to Patient Health Records (PHR). My LO has suffered numerous setbacks due to lack of information access/sharing on a timely basis. I see this as a common occurrence among both ST & LT patients and their families.
It appears the CURES Act should help us with timely access to the health information we should already have. By "timely access" I mean near real-time, as in same day. Not the 30 days allowed by HIPPA, which is a major contributor to nursing home dysfunction, patient neglect/abuse, suffering or even deaths. In part, "...the CURES Act addresses Patients’ and Residents’ access to their Health Records... in order assure the highest level of care, the patient-related requirements mandate that, upon request, you make EHR data available to your residents..." In every-day terms, I believe this means the nursing homes need to make available Patient Portals, just like most of us use outside the nursing home system. Patient Portals have been a valuable part of our own healthcare tools for nearly two decades. Those patients in nursing homes have a greater need and are at much higher risk to lack of information. The nursing homes are able to hide behind the current lack of transparency.
Can anyone offer guidance or direct me to the proper resource?

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I would contact the ombudsman, they will let the facility know what their legal responsibilities are.
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backer Aug 20, 2024
Thank you, Isthisrealyreal.
I've had discussions with two different ombudsman about PHR access. They both reference the facilities fruitless process of paper forms, snail mail, and 30 day requirement. I am hoping to confirm that the CURES Act is in-force as described. Also of interest, I recently learned the ombudsman has no enforcement power. I suspect there is still a learning curve on my end, but have found the ombudsman to be a bit of a deterrent, as likely to run interference for the facilities. I am sure others have found them more useful.
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Have you read the Act? I Googled it, and what you want was certainly not the principle purpose of the CURES Act. Your quote doesn’t provide a time frame for ‘upon request’, certainly no reference to 'same day'.

You think this is a bigger issue ‘in the nursing home system’, but have you thought about changing facilities for your LO? Going to the Ombudsman is a cheap and easy way for you to take this forward for the current NH. If you see HIPPA’s time-frame rules as a “major contributor to nursing home dysfunction, patient neglect/abuse, suffering or even deaths”, you probably need to take it up politically for further legislation - perhaps after the coming election.
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backer Aug 20, 2024
Hi MargaretMcKen.
Kind thanks for taking the time to respond. Well, I've read parts that I thought relevant. Agreed that its certainly more expansive than PHR access. My real-time access comment is alluding the value of Patient Portals, commonly used by many, if not most people in my area. Highly useful for healthcare.
In regard to changing facilities, we are currently in one of the better facilities in our area, so count ourselves lucky. To your point, we did change from two prior facilities which were not at all good. The problem with transparency overall, and more specifically with lack of patient portals, is more systemic than facility based. In other words, the dozen or so facilities I've check do not have patient portals.
I did take the advice to contact the ombudsman again. This time referencing the Cures Act since I only recently learned of its possible requirement for NHs to enable a patient portal. Of course we are hoping that is the case. Further legislation could indeed be what's needed. Though that may not help those who need it today.
Your insights are much appreciated.
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I think you already have more information that I could conceivably give you.
Do know this:
1. Whatever information is provided will be provided to ONE person only, and that is the POA or Health Care POA.
2. It is unlikely that you will get near "real time" updates from any facility. That is you will not have a portal that will tell you exactly what is going on daily. Such a thing would be enormously expensive and prohibitive.
3. A constant "need to know" in this manner may mean that there is something underlying. I worry for the fact that facilities, like any place else DO "cherry pick". It's a fact of life. At some point, with constant disruption of family demands, the outcome is usually to suggest to the POA that the elder "may be happier somewhere else". For this reason alone, if you are overall satisfied with reputation and care of your elder I would watch how many monkey wrenches I am throwing into the circle.
4. Demanding families often, for all the reasons you can imagine, result in the elder him/herself paying a price. Is that right? No. Of course not. It's wrong. HOWEVER, human limitations often result in staff feeling quizzed, judged, unappreciated. I have never seen a good result from that.

That's just my opinion. You have not said what SPECIFICALLY is disturbing you about the care your elder is being given on a daily basis.
I would love to hear and hope you'll update and I surely do wish you the very best of luck.
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backer Aug 21, 2024
Thank you, AlvaDeer. I find your insights valuable.
1) Agreed. No problem there.
2) I believe you are correct, but only in part. There is a cost. However, the NH already has this information in their electronic health records. They simply don't enable the patient interface. This is the case for the dozen or so NHs I've investigated.
3) A patient portal could have the opposite effect- fewer inquiries from family. If your LO is not able to effectively communicate their status, changes, concerns, then a portal with the notes for the day or week could reduce inquiries. I share the same concern, but you seem to suggest a hands-off approach. I feel that's (less than) half-way to abandonment.
4) Agreed and am sensitive top that situation.
Your opinions/comments are much appreciated.
My main concern is lack of transparency & communication.
The purpose of my post was to: a) get some education around patient access to health records at SNF/LTC facilities; b) see if anyone could offer guidance around the Cures Act, as it pertains to this topic. It seems the context I provided muddied the water a bit.
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Alva, thanks for your post. My reaction immediately, but I tried to avoid saying it. The “major contributor to nursing home dysfunction, patient neglect/abuse, suffering or even deaths” is clearly ridiculous. No details, and the topic has never come up before.
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backer Aug 21, 2024
MargaretMcKen, Having a bad day?
I am new to this forum, but see it says. "Get tips, advice, and support from the Caregiver Forum."
There is only one question in my post, with additional details for context.
Can anyone offer guidance on the subject of patient access to health records at SNF/LTC facilities? An additional question might be, is anyone familiar with the Cures Act, or at least parts pertaining to patient access to health records?
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If you do not have Medical POA, you do not have a leg to stand on. Unless, you are on HIPAA forms. Who is not allowing you information? I found the Nurses at Mom NH very forth coming. You can always call the doctor who is affilated with the NH. Maybe a portal can be set up through him/her. What are you looking for in the way of information?
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backer Aug 21, 2024
Hi, JaAnn29. Yes, I have Medical POA. Yes, I have all the appropriate forms in file with the facility. Its not a matter of "no access to information". Its a matter of process and timing. 30 days under HIPPA (using paper forms and snail mail)- is next to useless. Near real-time (same day / next day, using a patient portal)- is most helpful and common practice outside the nursing home system. In regard to calling the facility's doctor- it is common practice to outsource most of the medical staff. The PCP is usually on paper only. In our case the doctor is based two States away, has never seen our LO, and has no knowledge of her case. The facility does have medical staff (a medical director, an APRN who is essentially in charge but is mor admin that hands on, and RN who is more hands on but only as needed and if available. The outside providers (the doctor in the case) I have found do make use of patient portals, mostly because the large healthcare companies they work for need them for non-NH patients. They do not enter any case information for the in-NH patients. But good idea and I have explored that path. The information I am looking for is the day-to-today, week to week information you would get through any patient portal. For example: med lists, visit notes, status updates, test results, messaging, scheduling, PT/OT progress notes, etc. I think additional features would be useful for a NH setting, but will leave that aside.
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