My mother is in a rehab center post a total knee replacement I am her POA on record, I requested to see her MAR from the nurse on duty this evening when I visited and was told it was a part of the medical record and I was not allowed to see it. I work in the health field, As a POA of her care do I not have the right to see her MAR's.
If mother does not object to your seeing her records, why doesn't she simply sign a HIPAA waiver to allow you access? Or ask to see it herself, in your presence?
I don't think you automatically have a right to see her medical records as the POA.
As you know, medical facilities must guard the privacy of the patients they serve. Just solve this issue by having the appropriate authorization, so the nurse on duty and the facility itself does not get into trouble.
Patients have the right to request copies of their medical record and a DPOA can do this on their behalf, although some DPOAs only become valid when the principal (the older person) is incapacitated.
That said, a facility or provider doesn't have to provide instant access and they don't have to make it easy. They can require patients/DPOAs to go through a certain process to request the information, and sometimes they charge for it as well.
As to the MAR, I am a physician who goes into assisted living and I've found that they are often very squirrely about letting me access the MAR (medication administration record), which documents when medications were administered. I have been the prescribing physician and sometimes was told I can get a copy of the med list but not the MAR. (My solution was to take this up with the supervisor, which solved the problem for me; but a DPOA is in a different position.)
Sorry you are getting the run-around. Be polite but persistent, consider asking to talk to the supervisors, consider expressing concerns/complaints in writing, and you can also contact the ombudsman for long-term care to see what your options are. good luck.
If you feel you need it that moment; ask the RN supervisor d/t they would probably have more time to make sure you are allowed & to make a copy or stand by you while you look at the original.
If the medication nurse is already aware that you are allowed to have this info & the nurse does not appear in the middle of giving medications... then ask her the question you want to know & let her look on the MAR & let you know what it says.
Once the MAR book is opened you can see all patients names on the tabs. It would be a HIPPA violation for a nurse to allow you to stand next to the MAR book d/t you might see other patients names.
May still have to get from DON or records.If not there when meds given. In giving as general poa and DCF Authorized Appointed Represenative (this is authorizing under HIPPA Law as Medicaid Pt.Appointed Rep. and Advocate for pt.)
This with written or verbal (case by case )permission to access records as General POA Partner in care DCF Authorized Appointed Represenative Payee Proxy.
If they deny this then make a complaint to ACHA (accreditation agency) and to pt rights violation. First must give them letter of grievance x3 etc. Look up pt rights.
Pt. does have right to their record. I always requests nurses notes doctors notes and copy medication sheet charts. These are not normally in what is given. Have often caught orders changed but not followed for days etc..
As Dr. Above noted these are sheets that can be used as legal evidence andoften rules strict. Re seeing sheets. Charge Nurse would be the appropiate person or D.O.N..whit proper credentials upon your part w parents permission.
I am assuming she is comopetent. Which in that case the Durable proxy would not be in effect. The DCF Auth Rep Payee Proxy would be ineffect w competant and incompetant.
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