A judge ruled that a New York provider does not have to turn over some resident records to the state as part of an ongoing investigation, since the documents are used for internal quality assurance purposes.
The ruling was handed down last week by Onondaga County Supreme Court Judge Gegory R. Gilbert, who blocked the request from the state’s Attorney General’s office, syracuse.com reported.
The AG’s office was seeking resident medication and treatment records from the Van Duyn Center for Rehabilitation and Nursing in Syracuse, amid an investigation related to dozens of alleged complaints of abuse and neglect.
The judge ruled that many of the records were confidential and don’t have to be turned over because they are used for internal quality assurance purposes.
“Quality assurance activities need to be protected in order that facilities can collect and objectively analyze information necessary for that process,” the nursing home said.
The facility does, however, have to turnover staff’s 24-hour reports detailing changes in residents’ status and additional care needs, according to the report.
The AG’s office told local media it was “reviewing its options” after the ruling.
