Arkansas Long Term Care Administrator Practice Exam

Under what condition can resident records be removed?

1. By resident request

2. By court order

3. By subpoena

4. By facility policy

The correct answer is: By subpoena

The correct answer is that resident records can be removed by subpoena. A subpoena is a legal document that orders an individual or organization to provide evidence or testimony in a legal proceeding. In the context of resident records, a subpoena can compel the facility to disclose certain documentation related to a resident, often in relation to investigations, legal actions, or court cases. This process ensures that relevant information can be obtained in accordance with legal protocols while also maintaining the integrity and confidentiality requirements inherent to resident records. While resident request, court order, and facility policy may also play roles in the management of records, they do not necessarily provide the legal imperative that a subpoena does. A resident may request access to their own records, and a court order may direct a facility to release records, but these situations serve different legal functions. Facility policies can govern how records are maintained and accessed but must operate within the boundaries of legal requirements such as those set by a subpoena. Therefore, the legal authority embedded in a subpoena makes it the key condition under which resident records may be formally removed or disclosed.