To receive a nursing home incident report, you should submit a request to the nursing home. They may have a form that you can use or instructions you can follow. Additionally, anyone may submit a public records request to a government agency that holds records.
Some nursing home inspection and citation reports are available on the Medicare Care Compare website.
Jordan Law Center’s Greenville nursing home abuse lawyer explains how to get a nursing home incident report.
What Is a Nursing Home Incident Report?
A nursing home incident report is a written record of an event that occurred that was unusual, harmful, or otherwise deviated from regular care. It is a formal, factual, and objective record of what happened. The incident may have harmed a resident or threatened the life, safety, or health of a nursing home resident.
What Types of Incidents Must Be Reported?
Reportable incidents in nursing homes include:
- Physical or sexual assault
- Falls
- Bedsores
- Infection, poor hygiene, and malnutrition
- Neglect
- Financial exploitation
- Wandering, elopement
- Incidents involving other residents
- Fire, chemical exposure
Reports are generally required for serious incidents that cause harm or have the potential to cause harm.
Nursing Home Reporting Requirements
Reporting requirements are outlined in two sections in South Carolina laws and regulations.
Abuse, neglect, and exploitation
People who work and care for those in nursing homes must report abuse, neglect, or exploitation. S.C. Code § 43-35-25 lists who must report when a vulnerable adult is or is likely to be abused, neglected, or exploited.
Who do they report to?
A person reporting under S.C. Code § 43-35-25 reports to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division (SLED) or to the Long Term Care Ombudsman. It depends on whether the facility is operated by or contracted with the Department of Mental Health or the Department of Disabilities and Special Needs.
Serious incidents
SC nursing home licensing regulations require facilities to keep records of and report serious accidents and incidents (S.C. Code Regs. § 61-17.700.701).
Who do they report to?
Reports required for SC nursing home licensing are made to the Department of Public Health (SCDPH). The SCDPH was formerly a part of the South Carolina Department of Health and Environmental Control (SCDHEC).
How Families Can Request a Nursing Home Incident Report
You may request an incident report from several sources.
The nursing home
Federal laws give residents the right to their own personal and medical records (The Health Insurance Portability and Accountability Act (HIPAA) and the 1987 Nursing Home Reform Law). The resident, or their authorized representative, may request records.
SCDPH
You may request SCDPH records with a Freedom of Information Act (FOIA) request. Requests must be submitted in writing. You may use a form to make your request online or contact SCDPH directly to ask for the release of non-public records relating to your individual record.
SCDHHS
You may submit a request for public records to the South Carolina Department of Health and Human Services (SCDHHS). Requests go through the SCDHHS Public Records Portal or by email, or by fax.
SCDHHS doesn’t have comprehensive records for nursing home operations or individual patient records. Most of their records are related to Medicaid administration.
Medicare Care Compare
You can search and view certain records of nursing home incidents on the Medicare Care Compare website. Select “Nursing homes including rehab services.” Enter your search criteria and the facility. Select “Health inspections” to view the latest inspection information and a list of health citations and complaints.
It is important to note that the Medicare Care Compare website may not have complete records and information.
Police Report
If a police report was made for a nursing home incident, you may obtain a copy directly from the law enforcement agency that investigated. The process may vary slightly by agency, but it typically involves contacting the Public Records Division.
Accessing a Nursing Home Incident Report When They Won’t Release Them
If your request for a nursing home incident report is rejected, you may send a demand letter or pursue legal action. If litigation is pending, you may use formal discovery procedures. You may need to submit proof of your authority to receive the records, such as a power of attorney, guardianship, or healthcare proxy.
Why Nursing Home Incident Reports Matter in Neglect and Abuse Claims
Nursing home incident reports may identify witnesses and evidence. They may show inconsistencies and incomplete reporting. In addition, nursing home incident reports can reveal where the nursing home knew of warnings and dangers and failed to act.
Steps To Take If You Suspect an Unreported Incident
If you suspect an unreported nursing home incident, you may file a complaint. Learn how to report nursing home abuse in Greenville, SC. You may also work with an attorney to file a grievance and demand that the nursing home properly document the incident.
How a Greenville Nursing Home Abuse Lawyer Can Help
A Greenville nursing home abuse lawyer can help you:
- Investigate nursing home abuse
- Demand incident records
- Respond if the nursing home refuses to produce records
- Talk to witnesses and build evidence
- Help you claim financial compensation
Contact
If you or a loved one has suffered from nursing home abuse, Jordan Law Center can help.
Contact us today to begin.
“There is not enough GREAT THINGS I could say about Jordan Law Center.”