§ 20-164 — Mentally ill individual; access to records; conditions

Nebraska § 20-164

• Jurisdiction: Nebraska
• Ch. 20: Civil Rights

Text

(1) For the purpose of protecting the human and legal rights of a mentally ill individual or with respect to matters which occur within ninety days after the date of the discharge of such individual from a facility for mentally ill individuals, the protection and advocacy system shall be granted access to the records, by any person or entity having possession or control of such records, of:
(a) Any mentally ill individual who is a client of the protection and advocacy system if such individual or the legal guardian, conservator, or other legal representative of such individual has authorized the protection and advocacy system to have such access; and
(b) Any mentally ill individual:
(i) Who by reason of the mental or physical condition of such individual is unable to authorize the protection and advocacy system to have such access;
(ii) Who does not have a legal guardian, conservator, or other legal representative or for whom the legal guardian is this state; and
(iii) With respect to whom a complaint has been received by the protection and advocacy system or with respect to whom there is probable cause to believe that such individual has been subject to injury or deprivation with regard to his or her health, safety, welfare, rights, or level of care.
(2) The protection and advocacy system may not disclose information from such records to the mentally ill individual who is the subject of the information if disclosure of such information to such individual would be detrimental to such individual's health or if a court pursuant to section 71-961 orders that the records not be disclosed.

Legislative History

Source: Laws 1988, LB 697, § 4; Laws 2004, LB 1083, § 84.