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I am my mothers guardian, and DPOA. Since, her move into the AL, it's been a challenge, I didn't expect. Without all of the details, she has been in hospital, rehab, then AL several times. It's been a cycle with CDIF, or falls. that has lead to the cycle. She has only been in AL since last week of March.
She had a fall last week at AL, (hitting the top of her forehead-large noggin) while a caretaker was in her room.
An incident report was written by the AL facility, and others have been written as well, not all falls.
Today, I asked for a copy of all my incidents reports from the Director of Nursing. She stated we do not let individuals have copies. I asked why, she said it's not there policy, since it is part of AL record only. I proceeded to advise that I am a private payee of the apartment room that my mother stays & guardian which warrants me a copy. She said I could look at it, but will not provide me with a copy.
I am requesting a copy from the executive director today.


Has that ever happen to you, where AL refuse to provide you information on your loved one ? Is that legal? I reading those 'fine' lines in that AL contract, since I have no idea if they can withhold information about my mothers care.

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Wow. In our daycare, when we have an incident, there is no question that we provide a signed copy to everyone involved. It’s a state law.

I’d ask the Powers That Be to show you where it’s written that someone in your position does not receive a copy of the IR.
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I would question that.

I found with Moms AL they sent her every time she fell. 4x in 4 months. I was tired spending hrs in an uncomfortable ER to find she hadn't broken anything. I had to be there because Mom had Dementia. They would tell me she complained of pain. Of course she did, wouldn't you. I asked that they check her out and give her some time. If she complained, then call me, then the ambulance. Yes, I realize that the one time I didn't take her, she probably broke something but I was taking that chance. At LTC, they only sent her out because no one witnessed the fall. Usually, they evaluate and watch unless they hit their head then they send them out. Because no one saw if Mom hit her head or not, they sent her out. You may want to discuss this with the RN.
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Incident reports are internal documents that belong to the center. In other words, it is for the company’s quality assurance program & management’s view and discussion only. Incident reports were never given out to anyone. When I was a clinic manager we did not ever give a copy of any incident reports; it was against company policy. What the admin did at your center by letting you view it but not copy it was more than that admin is required to do.

The way it was described to me is that these IR belong to the company first. I don’t think the medical director will agree to give a copy out as well.

I will bet that facility has a policy that cites that incident reports are internal quality control documents & not a part of the patient’s medical record.

In this case a RN or whoever completed the IR is to note only that an incident report was made as part of their documentation in the patients medical records. Then the RN or whatever staff person is asked or mandated to write up an incident report & describe the out of the extraordinary incident & the IR goes to managements QA committee.

Of course, a patient can always ask for a copy of their medical records (but must put it in writing) but only a lawyer can subpoena the facility to get a copy of the actual IR.

I would encourage anyone to ask what the policy is regarding incident reports to clarify it.
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slp1684 Jun 2019
I was afraid there might be some sort of "loop-hole" with AL and the incident reports-
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