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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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Experience:  30 years of experience
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I own an assisted living home. A resident who has since

Customer Question

I own an assisted living home. A resident who has since passed away had an outstanding balance. The daughter (the deceased representative) has given endless excuses for non-payment and now insists she receive his records of care before she will remit. In Arizona, the records are the property of the facility - not the resident or patient. What can I do? I can give her a copy - but I think a new excuse will follow.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Unfortunately, the next step is to sue the estate for the outstanding balance due. The personal care records do not enter into that one way or another, so you need not be concerned with that. Although, you likely will have to turn over the records to her. (I don't know what state you are in so I can't say for sure, but most states have laws that provide that patient's or their estate's representative are entitled to copies of such records. Usually you can charge for the cost of prodducing the reords.)

The critical issue for you is to file your written claim against the Estate and initiate litigation before the estate is liquidated.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 1 year ago.
I'm in Arizona. Couldn't I draft a stern letter that intimates legal follow-through? Any ideas on how I could word that?
Expert:  Gerald, Esq replied 1 year ago.

Hello:

Thank you for the additional information and excellent follow up questions.

Give me some time to look up Arizona regulations on atient records.

As for the letter, YES, that is a good place to start. It is referred to as a "Demand Letter." The following link describes how to write one and has an example:

http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter6-4.html

Kind regards,

Gerald

Expert:  Gerald, Esq replied 1 year ago.

Hello:

Arizona law provides resident's the right to review their records. The right extends to their personal representative. Youcan charge for the cost of reproducing the records. See: Arizona Administrative Code R9-Chapter 10-Article 7

Good luck.

Kind regards,

Gerald

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