It is important to know who has access to confidential information and access to a resident’s records in the care home.
If a family member is requesting to see a resident’s care plan, or any other confidential documents, you should ensure they have permission to do so. In the majority of cases, individuals do not have the authority to see a resident’s confidential information without express, written permission of the resident.
How do you ensure an individual has the authority to review a resident’s records?
First, understand what general authority is granted to a POA, guardian or conservator, and healthcare representative. Below is general information:
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Healthcare Representative: The healthcare representative only makes decisions for a resident in the event the resident is incapacitated. This individual does not make decisions for a resident, otherwise, and does not automatically have access to a resident’s records.
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POA: If an individual has power of attorney (POA), they have limited decision-making authority that is related to business matters. A POA does not automatically have access to a resident's confidential information.
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Legal Guardian: If a legal guardian has been appointed by a judge, the legal guardian makes all placement and medical decisions on behalf of the resident. The legal guardian also has access to any records to which a resident would have access.
As a reminder, anyone from the Oregon Department Of Human Services (ODHS) has access to resident records. This includes licensing, APS, case management, and the LTC Ombudsman.
Next, understand what authority is granted to that individual. Ask for paperwork and documentation from the individual and carefully read the documentation. If you are unclear about the authority granted, consult with an attorney.
Finally, set boundaries with family and friends. If the individual does not have authority to review a resident’s confident information and the resident has not given written authorization, you will need to make that clear and set expectations and boundaries with that individual. You can reach out to your licensing office for guidance and assistance if you’re having difficulty.
In conclusion, it is important to know who has access to confidential information and access to a resident’s records. A resident who is their own decision-maker can grant written authorization for an individual to view their records. Unless a resident has a legally-appointed guardian, residents have the right to revoke authorization at any time.
You can use these tips to better understand the authority granted to individuals, and to maintain and protect resident confidentiality in your care home.
