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Discussion

Copying MARs

Hi, I currently work in LTC. I have an ongoing issue with a resident's family members constantly coming to the facility over nights when medical records is out & demanding a copy of the MAR or to take a picture of the MAR.

I have informed this family many times that I can go over the medication list or they can come back or even call and speak with medical records to go through the proper steps of obtaining a copy of the information they want to receive. They refuse to do so though, they want a copy of the MAR. The son who claims to be friends with a lawyer secretly recorded me telling him no, he can not take a picture of the MAR, and he is stating to his other family members that he has me on recording denying him access to this resident's medical records when I in no way have done so. According to the son, his lawyer friend told him it was illegal for me to not let him take pictures of the MAR. This son has guardianship over this resident.

It is a ridiculous situation and it has me stressed to the max. They only seem to come in on my shifts over night.

How can I handle this?

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    • Featured Replies

    Why don't you provide him with a written copy of the facility's policies so that it is clear that this isn't the case of a nurse making up ways to stymie them just for giggles?

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    • Author

    He received a copy when they admitted their mother to the facility.

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    I assume you have informed your DON/ADON/manager. How have they said you should handle this? I think they are the ones who should be dealing with this IMO.

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    Your risk management should be notified also, especially if they are recording people.

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    In many State's it is actually illegal to record someone without their consent. You may have a case against him!

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    It does not matter if this man is the guardian of a patient there. That does not mean he can view the patient's medical record whenever he wants. If he wants to view the medical record he must call the Medical Records office and make an official request for the records. Then he must prove that he is in fact either the Legal Next of Kin or the patient's Power of Attorney to get them. This is not your responsibility. Definitely tell your supervisor/manager and Risk Management, as they should immediately speak to this person/people and nip it in the bud. Do not continue to argue with them. State you will not allow anyone to view the medical record and they most certainly cannot take pictures of the medical record as that is federally protected information. I mean, as a patient at the health system I work in, I cannot just log in and access my medical records just because I have access to the system. I have to make a formal request just like everyone else.

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    I'm so sorry you're dealing with this. I'm going to echo what TakeTwoAspirin said. Sounds like this is a reportable event anyway that HR/management would want to be more than happy to take care of anyway. Keep us posted.

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    • Experts

    This problem is for your DON to resolve. That is what s/he gets paid for. Continue to instruct the person to come to the facility during normal business hours to speak to the DON. My facilities locked the doors at night. Visiting hours end at such and such a time. After that time, no one gets admitted to the premises (unless special arrangement has been made). Call the police if he continues to disrupt your shift.

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