Joe
Dughman
& Associates
Attorney At Law
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How do I pick a good nursing home? How long do I have to file suit? How do I file complaints with a Nursing Home? How do I file complaints with the State of Tennessee? How do I request medical records for my family member? Tennessee Annotated Code: Release of Medical Records Tennessee Annotated Code: Costs of reproduction, copying or mailing of records. What are some of the minimum standards of Nursing Homes? What is a does a Power of Attorney ? What is an Executor of the Estate? How do I file complaints with the State of Tennessee? Where do I find rules governing Nursing Homes Administrators? How do I contact the State Long Term Care Ombudsman?
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How do I pick a good nursing home?Visit ConsumerReports.org for detailed info on Nursing Homes.http://www.consumerreports.org/cro/health-fitness/nursing-home-guide/0608_nursing-home-guide.htmWhat do I do first?
How long do I have to file a suit? If the injury caused/contributed to a death then its one year from the date of death If the injury did not cause death- one year from the date of injury
The person with the power of Attorney or family members such as spouse or children
HIPAA, which stands for the American Health Insurance Portability and Accountability Act of 1996, is a set of rules to be followed by doctors, hospitals and other health care providers. HIPAA took effect on April 14, 2006. HIPAA helps ensure that all medical records, medical billing, and patient accounts meet certain consistent standards with regard to documentation, handling and privacy. In addition, HIPAA requires that all patients be able access their own medical records, correct errors or omissions, and be informed how personal information is shared used. Other provisions involve notification of privacy procedures to the patient. HIPAA provisions that have led in many cases to extensive overhauling with regard to medical records and billing systems. The main objectives of HIPAA:
Who must comply with HIPAA? Any healthcare provider that electronically stores, processes or transmits medical records, medical claims, remittances, or certifications must comply with HIPAA regulations. HIPAA does not require a practice to purchase a computer-based system as it applies only to electronic medical transactions.
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Nursing homes that receive federal funds through Medicare or Medicaid must comply with federal laws that require the home to provide a high quality of care.
It is a document, signed by a competent adult, i.e., "principal," designating a person that the principal trusts to make health care decisions on the principal's behalf should the principal be unable to make such decisions. The individual chosen to act on the principal's behalf is referred to as an "agent." When is a power of attorney required? Submit a power of attorney if you want to authorize an individual to receive your confidential tax information or represent you in matters involving us. The power of attorney must be on file with us before your representative can: Request copies of your tax records, including tax returns, or any other confidential information. Request information we obtained from the Internal Revenue Service. When does the Medical Power of Attorney go into effect and how long is it effective? It is effective immediately after it is executed and delivered to the agent. It is effective indefinitely unless it contains a specific termination date, it is revoked, or the principal becomes competent. When does the agent have the right to make health care decisions on the principal's behalf? An agent may make health care decisions on the principal's behalf only if the principal's attending physician certifies in writing that the principal is incompetent. The physician must file the certification in the principal's medical record.
Any U.S. citizen over the age of 18 who hasn't been convicted of a felony can be named the executor of a will. Some people choose a lawyer, accountant or financial consultant because of his or her expertise. Others choose to appoint a spouse, adult child, relative or friend, especially if the estate is small. Generally, a family member or friend expects little or no pay for settling the estate and is anxious to get things settled quickly and smoothly. Being an executor can be a lot of work. You have to follow up on many details and may also be called upon to help defend the terms of the will against squabbling heirs or unwarranted claims by outside parties. You also need to be able to act quickly in order to preserve the value of the estate. For example, taxes must be filed in a timely manner to avoid penalties. Because of the many responsibilities involved, it's wise to ask the person being named in a will if he or she is willing to serve as executor. If you've been named executor in someone's will but are unwilling or unable to serve, you need to file a declination, a document declining your designation as executor, with the court. The contingent executor named in the will then steps in. If no contingent executor is named, the court will appoint one. Responsibilities of an ExecutorAs executor, your first duty is to initiate probate, the formal process of proving the authenticity of the deceased person's will and confirming your assignment as executor. You'll need to file an application to appear before the probate court. The application form is available from the clerk of the probate court (found in the government listings of your local telephone directory). To help you perform your duties, you may want to consult an attorney. Attorney's fees are generally chargeable to the estate as expenses of administration. Next, you need to notify all parties named as beneficiaries that you have applied to the court to process the will. When you appear in probate court you'll need copies of the will and death certificate. You should also be prepared to pay court costs, which are chargeable to the estate. The job of the probate court is to decide the validity of the will, generally a routine affair. However, this is also the time when parties may challenge or contest the will. A person who challenges a will, or part of a will, must file an objection with the court within a specified amount of time (check your state laws). Challenges to wills can be time-consuming and costly to the estate. Once the will is determined to be valid by the probate court, you may begin to pay taxes and other claims against the estate and distribute assets to the beneficiaries. If the will is found to be invalid, the probate court will order that creditors and taxes be paid. Then the remainder of the estate will be distributed in accordance with state law. Your last step is to finalize the estate by filing papers with the probate court. This usually involves providing the court with copies of notices to concerned parties, tax returns and bills paid. The executor must also provide evidence of distribution of the remaining assets, such as signed receipts from the beneficiaries. When the court recognizes the completion of the probate process, you are released from further responsibility as executor. This Life Advice pamphlet about Being An Executor was produced by the Metlife Consumer Education Center and reviewed by the Division for Public Education of the American Bar Association and the Legal Services Corporation. Editorial services provided by Meredith Custom Publishing.
How do I file a complaint with the Nursing Home? Write a letter to the Nursing Home administrator detailing your complaints and ask for an investigation into the matter. Mail the letter to the Administrator and one copy to the Director of Nursing. Keep a copy of the letter and any correspondance between yourself and the home. It's a good idea to keep a detailed account of when you mailed it, when you followed up by phone, when you left messages, and where they returned and by whom. If you are in a situation where staff is involved get names and professions.
How do I report a Nursing Home ?Tennessee Department of Health 425 Fifth Avenue North Cordell Hull Building, 3rd Floor Nashville, TN 37247 TN.health@state.tn.us Follow this link for more indepth information: http://www2.state.tn.us/health/contact.htm
State Long Term Care Ombudsman-Advocate Jerry Blassengame (615) 741-2056
Rules governing Nursing Homes Administrators Follow this link: http://state.tn.us/sos/rules/1020/1020.htm Rules of the Tennessee Board of Nursing Follow this link: http://state.tn.us/sos/rules/1000/1000.htm Most Recent Updates to these rules http://state.tn.us/sos/rules/rules_list.shtml
Medical Records should be requested in writing from the facility accompanied by a HIPAA release.You will want to call the facility and ask them who handles medical records. Once you find this person ask to come pick up a blank HIPPA release. Write the letter and fill out the HIPPA having it signed by the patient or the patient's Power of Attorney. Besure to include dates on your request. Some facilities require you to pay for the records to be copied up front. These fees differ from facility to facility. Once your letter is submitted the medical records personnel will contact you with the amount owned in order to complete the process. Tennessee Annotated Code: Release of Medical Records 63-2-101. Release of medical records. (a) (1) Notwithstanding any other provision of law to the contrary, a health care provider shall furnish to a patient or a patient's authorized representative a copy or summary of such patient's medical records, at the option of the health care provider, within ten (10) working days upon request in writing by the patient or such representative. (2) If a provider fails to comply with the provisions of subdivision (a)(1), proper notice shall be given to the provider's licensing board or boards, and the provider may be subject to disciplinary actions that include sanctions and a monetary fine. (b) (1) Except as otherwise provided by law, such patient's medical records shall not constitute public records, and nothing contained in this part shall be deemed to impair any privilege of confidentiality conferred by law on patients, their personal representatives or heirs. Nothing in this subsection (b) shall impair or abridge the right of the patient or the patient's authorized representative to obtain copies of the patient's hospital records in the manner provided in § 68-11-304. Nothing in this subsection (b) shall be construed as prohibiting a patient's medical records from being subpoenaed by a court of competent jurisdiction. As used in this subsection (b), "medical records" includes any list of patients that is compiled or maintained by or for such patient's health care provider. (2) Except for any statutorily required reporting to health or government authorities and except for access by an interested third-party payer or their designee, for the purpose of utilization review, case management, peer reviews or other administrative functions, the name and address and other identifying information of a patient shall not be divulged. The name and address and other identifying information shall not be sold for any purpose. Any violation of this provision shall be an invasion of the patient's right to privacy. (c) As used in this chapter: (1) "Health care provider" means any person required to be licensed under this title; and (2) "Medical records" means all medical histories, records, reports and summaries, diagnoses, prognoses, records of treatment and medication ordered and given, X-ray and radiology interpretations, physical therapy charts and notes, and lab reports. (d) Nothing in this chapter shall be construed to prevent a true, correct and complete copy of the medical records from being subject to a subpoena duces tecum. (e) To further the effectiveness of the immunization program of the department of health, a physician or any third party payor or health insurance entity regulated by the department of commerce and insurance doing business in Tennessee, or any entity that has elected, organized and qualified as a self-insured entity that provides information to the department regarding a child's immunization status for any of the following purposes, shall not be subject to liability or cause of action or a claim of any nature, including any licensing board disciplinary action, arising solely from the disclosure of information concerning such child's immunization status: (1) Compliance with the laws regarding child care and school attendance; (2) Ensuring that a child receives such immunization as is medically appropriate or assisting in efforts to ensure a child is appropriately immunized; (3) Providing immunization information to the immunization registry maintained by the department; (4) Insuring compliance with the provisions of the Families First Act, compiled in §§ 71-3-151 - 71-3-165; or (5) Providing information that will allow the department to determine immunization levels in Tennessee. (f) All information received by the department pursuant to this part from any source shall be confidential and unavailable to the public. Contact of a parent or guardian of a child by the department regarding the child's immunization status as the result of the department's contact with the physician shall not be held to be a breach of confidentiality by the reporting physician. (g) The names of all children shall be included on the immunization registry established by title 37, chapter 10, part 4, unless such child's custodial parent or guardian objects to the inclusion of the child's name on the immunization registry to the department. The department shall notify the child's custodial parent or guardian in writing within six (6) months of the child's birth that inclusion on the immunization registry is not mandatory. Upon such written or oral request of exclusion by the child's custodial parent or guardian, the department shall either remove the child's name from the immunization registry or refrain from adding the child's name to the immunization registry and confirm in writing to the child's custodial parent or guardian that the child's name has been excluded from the immunization registry. (h) Notwithstanding the provisions of this part or any other law to the contrary, it shall not be unlawful to disclose, nor shall there be any liability for disclosing, medical information in response to a subpoena, court order, or request authorized by state or federal law. (i) Providers, as defined in § 71-5-2503, shall make available for inspection and copying, to the office of inspector general and the medicaid fraud control unit, upon request, no later than by the close of business on the next business day, a complete set of all medical records requested in connection with an investigation being pursued by the agency, or shall provide a compelling reason why the requested records cannot be produced; provided, that no such records shall be removed from the grounds of the provider's office without the provider's consent, unless the office of inspector general or the medicaid fraud control unit reasonably believes that requested documents are about to be altered or destroyed. (j) On request of a provider, a duly authorized agent of the requesting agency shall sign a document acknowledging receipt of records produced pursuant to this section. On request of a duly authorized agent of the requesting agency, a duly authorized agent of the provider shall sign a document acknowledging the return of specific records to the provider. (k) No person or entity shall be subject to any civil or criminal liability for releasing patient information in response to a request from the office of inspector general or the medicaid fraud control unit. [Acts 1990, ch. 1067, § 1; 1996, ch. 862, §§ 1, 2; 1996, ch. 881, § 2; 1997, ch. 420, §§ 1, 2; 1999, ch. 386, § 1; 2003, ch. 40, § 1; 2005, ch. 113, § 1; 2005, ch. 474, § 12.] Tennessee Annotated Code: Costs of reproduction, copying or mailing of records. 63-2-102. Costs of reproduction, copying or mailing of records. (a) The party requesting the patient's records is responsible to the provider for the reasonable costs of copying and mailing such patient's records. For other than records involving workers' compensation cases, such reasonable costs shall not exceed twenty dollars ($20.00) for medical records forty (40) pages or less in length and twenty-five cents (25›) per page for each page copied after the first forty (40) pages and the actual cost of mailing. Any third-party provider of record copying and related services shall be subject to the reasonable cost limits contained in this section and shall not impose any charge or fee for such services in excess of such cost limits. The costs charged for reproducing records of patients involved in a workers' compensation claim shall be as defined in § 50-6-204. (b) Nothing in this chapter shall be construed as superseding any provision of law that establishes specific costs for the reproduction, copying or mailing of records. (c) Payment of such costs may be required by the provider prior to the records being furnished. Upon payment of the costs described in this section, the patient or a patient's authorized representative shall have the right to receive the medical records without delay. (d) In workers' compensation cases, a request for medical records shall include a medical or anatomical impairment rating as required by § 50-6-246. [Acts 1990, ch. 1067, § 1; 1996, ch. 881, § 3; 1997, ch. 425, §§ 1, 2; 2000, ch. 825, § 1; 2002, ch. 523, § 2.] |
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