Kindred Healthcare Complaints

Jake Bittle filed this request with the Department of Community Health of Georgia.

It is a clone of this request.

Tracking #

37272

Est. Completion None
Status
Fix Required

Communications

From: Jake Bittle


To Whom It May Concern:

Pursuant to the Georgia Open Records Act, I hereby request the following records:

Any and all complaints filed between the inclusive period between January 1, 2015 and July 27, 2020 against the hospice and home health care provider "Kindred Healthcare", also doing business as "Kindred At Home", including records of

—the date the complaint was filed
—the county of residence of the complainant
—the allegations in the complaint
—the outcome of any investigation into those allegations
—the resolution or conclusion of the complaint

and any other relevant information that may be included in the complaint files.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Jake Bittle

From: Department of Community Health

Good Morning,

The Georgia Department of Community Health (DCH) acknowledges receipt of your Open Records Act Request#37272.

You have requested the following:

Any and all complaints filed between the inclusive period between January 1, 2015 and July 27, 2020 against the hospice and home health care provider "Kindred Healthcare", also doing business as "Kindred At Home", including records of

—the date the complaint was filed
—the county of residence of the complainant
—the allegations in the complaint
—the outcome of any investigation into those allegations
—the resolution or conclusion of the complaint

and any other relevant information that may be included in the complaint files.
Your request has been sent to the appropriate parties to preliminarily determine whether any records may exist that are responsive to your request as described above.

In the event responsive records do exist, said records may contain medical information, personal information and dates of birth, for example, that would be exempt from production under the Georgia Open Records Act. See O.C.G.A. § 50-18-72(a)(20)(A). The exempt information will be redacted from all responsive records unless you provide an executed medical authorization from or power of attorney for the subject of the exempt information. Providing a copy of such authorizations to us can potentially increase the amount of information that is released to you. If you would like to provide a copy of a medical authorization or power of attorney form, please do so via email immediately. Please reference the Open Records Request number listed above.

Please Note:
There are federal records that we are not authorized to release, pursuant to O.C.G.A. Sec. 50-18-72(a)(1) and Section 1864 of the Social Security Act and the CMS state operations manual. Specifically, we are not authorized to release CMS disclosure of ownership and control interest statements, complaints, surveyors notes, resident photographs, and documents, if any, relating to staffing, training and code compliance that have not been incorporated into a statement of deficiencies. Because we investigated these complaints on behalf of CMS for federal certification and survey activity, you must file a freedom of information act (FOIA) request with CMS to obtain them. Here is the link to the web site where you can obtain contact information for Region IV; http://www.cms.gov/center/freedom-of-information-act/regional-contacts.html<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cms.gov%2Fcenter%2Ffreedom-of-information-act%2Fregional-contacts.html&data=02%7C01%7CHFRDOpenRecords%40dch.ga.gov%7C06e637d6446349d1aae508d833d33824%7C512da10d071b4b948abc9ec4044d1516%7C0%7C0%7C637316329555026374&sdata=bxo%2F2BO7lkrh12fEbUETErSff7n6Xy9%2Byjp35pA02i4%3D&reserved=0>. You may access additional information concerning FOIA issues by visiting www.cms/gov/FOIA<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cms%2Fgov%2FFOIA&data=02%7C01%7CHFRDOpenRecords%40dch.ga.gov%7C06e637d6446349d1aae508d833d33824%7C512da10d071b4b948abc9ec4044d1516%7C0%7C0%7C637316329555026374&sdata=eXBfT09sdgBjshjNE8vfofW9ooJ%2BkVclf8lIrlhEn6M%3D&reserved=0>. Click on Region IV. If you have questions regarding the FOIA process, you may contact Bobby Cobb at 404-562-7445.

We will be able to release to you copies of statements of deficiencies (both federal and state, if any) and plans of correction and routine correspondence.

Please be advised that the Open Records Act has a provision that allows an agency to charge for the production of records. Pursuant to O.C.G.A. § 50-18-71(d), DCH typically will provide a cost estimate and obtain your confirmation to pay the charges before finalizing the request if the cost to produce the records is in excess of $25.00. If you have authorized the production of records up to a specific dollar amount in excess of $25.00, you will receive a cost estimate seeking your confirmation to pay the charges before DCH will finalize the request, if the cost to process the records is in excess of the dollar amount specified in your request.

Please correspond with us via the Open Records Mailbox (HFRDOpenRecords@dch.ga.gov<mailto:HFROpenRecords@dch.ga.gov>) so that we may better assist you by keeping all involved parties up to date on this matter. Please contact us at HFRDOpenRecords@dch.ga.gov<mailto:HFROpenRecords@dch.ga.gov> if you have any questions about this request.

Thank you,

Rochelle Stembridge
Healthcare Facility Regulation Division
Georgia Department of Community Health
2 Peachtree Street, NW, 31st Floor
Atlanta, GA 30303
(404) 657-5850 Office
(404) 651-7295 Fax

Follow us on Twitter at http://twitter.com/gadch<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fgadch&data=02%7C01%7CHFRDOpenRecords%40dch.ga.gov%7C06e637d6446349d1aae508d833d33824%7C512da10d071b4b948abc9ec4044d1516%7C0%7C0%7C637316329555036334&sdata=BVzDMfKCPUdF0teFFLjkIvgEIMgYnFJQvf9dsEhANg4%3D&reserved=0> and Facebook at http://bit.ly/b1GcXl<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fbit.ly%2Fb1GcXl&data=02%7C01%7CHFRDOpenRecords%40dch.ga.gov%7C06e637d6446349d1aae508d833d33824%7C512da10d071b4b948abc9ec4044d1516%7C0%7C0%7C637316329555036334&sdata=gqGlVgAZrI2i6EdkmtNJIBiYcpv7rFcMwBH5ddibyJ0%3D&reserved=0>
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Reader Advisory Notice: Email to and from a Georgia state agency is generally public record, except for content that is confidential under specific laws. Security by encryption is applied to all confidential information sent by email from the Georgia Department of Community Health.

From: Department of Community Health

Good Afternoon,

The Georgia Department of Community Health (DCH) acknowledges receipt of your Open Records Act Request #37272.

You have requested the following:

Any and all complaints filed between the inclusive period between January 1, 2015 and July 27, 2020 against the hospice and home health care provider "Kindred Healthcare", also doing business as "Kindred At Home", including records of

—the date the complaint was filed
—the county of residence of the complainant
—the allegations in the complaint
—the outcome of any investigation into those allegations
—the resolution or conclusion of the complaint

and any other relevant information that may be included in the complaint files.

You have requested certain federal records that we are not authorized to release, pursuant to O.C.G.A. Sec. 50-18-72(a)(1) and Section 1864 of the Social Security Act and the CMS state operations manual. Specifically, we are not authorized to release CMS disclosure of ownership and control interest statements, complaints and documents, if any, relating to staffing, training and code compliance that have not been incorporated into a statement of deficiencies. Because we investigated these complaints on behalf of CMS for federal certification and survey activity, you must file a freedom of information act (FOIA) request with CMS to obtain them. Here is the link to the web site where you can obtain contact information for Region IV; http://www.cms.gov/center/freedom-of-information-act/regional-contacts.html<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cms.gov%2Fcenter%2Ffreedom-of-information-act%2Fregional-contacts.html&data=02%7C01%7CHFRDOpenRecords%40dch.ga.gov%7C0be075538e124ca3743c08d8396fe2d7%7C512da10d071b4b948abc9ec4044d1516%7C0%7C0%7C637322499994244072&sdata=0iwDpgz7XaXbuTPSi1mUSIpQJmadSmLeC29eO4raekY%3D&reserved=0>. You may access additional information concerning FOIA issues by visiting www.cms/gov/FOIA<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cms%2Fgov%2FFOIA&data=02%7C01%7CHFRDOpenRecords%40dch.ga.gov%7C0be075538e124ca3743c08d8396fe2d7%7C512da10d071b4b948abc9ec4044d1516%7C0%7C0%7C637322499994254028&sdata=wh6oT3i9Af2rDFRjEGPu9zwCpXNkWL1axDASr%2BXuQyE%3D&reserved=0>. Click on Region IV. If you have questions regarding the FOIA process, you may contact Bobby Cobb at 404-562-7445.

This concludes fulfillment of your Open Records Act Request # 37272.

Thank you,

Rochelle Stembridge
Healthcare Facility Regulation Division
Georgia Department of Community Health
2 Peachtree Street, NW, 31st Floor
Atlanta, GA 30303
(404) 657-5850 Office
(404) 651-7295 Fax

Follow us on Twitter at http://twitter.com/gadch<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fgadch&data=02%7C01%7CHFRDOpenRecords%40dch.ga.gov%7C0be075538e124ca3743c08d8396fe2d7%7C512da10d071b4b948abc9ec4044d1516%7C0%7C0%7C637322499994254028&sdata=a%2BX6jKbmWn13NS6MH9IjKOsXoM%2BxDdj17eEQXbwkmqI%3D&reserved=0> and Facebook at http://bit.ly/b1GcXl<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fbit.ly%2Fb1GcXl&data=02%7C01%7CHFRDOpenRecords%40dch.ga.gov%7C0be075538e124ca3743c08d8396fe2d7%7C512da10d071b4b948abc9ec4044d1516%7C0%7C0%7C637322499994263992&sdata=eFDNHMeS7oTrHUtckS9z8JT2%2BccTqt1jfXC5%2Bv6129M%3D&reserved=0>
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Reader Advisory Notice: Email to and from a Georgia state agency is generally public record, except for content that is confidential under specific laws. Security by encryption is applied to all confidential information sent by email from the Georgia Department of Community Health.

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