481—57.40(135C) Resident records.
Each resident shall be ensured confidential treatment of all
information contained in the resident’s records, including information contained in an automatic data
bank. The resident’s written consent shall be required for the release of information to persons not
otherwise authorized under law to receive it. (II)
57.40(1) The facility shall limit access to any medical records to staff and consultants providing
professional service to the resident. This is not meant to preclude access by representatives of state and
federal regulatory agencies. (II)
57.40(2) Similar procedures shall safeguard the confidentiality of residents’ personal records, e.g.,
financial records and social services records. Only those personnel concerned with the financial affairs
of the residents may have access to the financial records. This is not meant to preclude access by
representatives of state and federal regulatory agencies. (II)
57.40(3) The resident, or the resident’sresponsible party, shall be entitled to examine all information
contained in the resident’s record and shall have the right to secure full copies of the record at reasonable
cost upon request, unless the physician determines the disclosure of the record or section thereof is
contraindicated in which case this information will be deleted prior to making the record available to
the resident or responsible party. This determination and the reasons for it must be documented in the
resident’s record. (II)