Utah § 26B-2-307 Confidentiality of materials relating to complaints or investigations -- Immunity from liability -- Discriminatory, disciplinary, or retaliatory actions prohibited.

Utah Statutes

§ 26B-2-307 — Confidentiality of materials relating to complaints or investigations -- Immunity from liability -- Discriminatory, disciplinary, or retaliatory actions prohibited.

Utah § 26B-2-307

Title 26BUtah Health and Human Services Code

Ch. 26B-2Licensing and Certifications

Part 26B-2-3Long Term Care Ombudsman

This text of Utah § 26B-2-307 (Confidentiality of materials relating to complaints or investigations -- Immunity from liability -- Discriminatory, disciplinary, or retaliatory actions prohibited.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 26B-2-307 (2026).

Text

(1)The ombudsman shall establish procedures to ensure that all files maintained by the ombudsman program are disclosed only at the discretion of and under the authority of the ombudsman. The identity of a complainant or resident of a long-term care facility may not be disclosed by the ombudsman unless:

(1)(a) the complainant or resident, or the legal representative of either, consents in writing, orally, or through the use of auxiliary aids and services to the disclosure;

(1)(b) disclosure is ordered by the court; or

(1)(c) the disclosure is approved by the ombudsman and is made, as part of an investigation involving the resident, to an agency that:

(1)(c)(i) has statutory responsibility for the resident;

(1)(c)(ii) has statutory responsibility over the action alleged in the complaint;

Free access — add to your briefcase to read the full text and ask questions with AI

(1) The ombudsman shall establish procedures to ensure that all files maintained by the ombudsman program are disclosed only at the discretion of and under the authority of the ombudsman. The identity of a complainant or resident of a long-term care facility may not be disclosed by the ombudsman unless:

(1)(a) the complainant or resident, or the legal representative of either, consents in writing, orally, or through the use of auxiliary aids and services to the disclosure;
(1)(b) disclosure is ordered by the court; or
(1)(c) the disclosure is approved by the ombudsman and is made, as part of an investigation involving the resident, to an agency that:
(1)(c)(i) has statutory responsibility for the resident;
(1)(c)(ii) has statutory responsibility over the action alleged in the complaint;
(1)(c)(iii) is able to assist the ombudsman to achieve resolution of the complaint; or
(1)(c)(iv) is able to provide expertise that would benefit the resident.
(2) Neither the ombudsman nor the ombudsman's agent or designee may be required to testify in court with respect to confidential matters, except as the court finds necessary to enforce this part.
(3) Any person who makes a complaint to the ombudsman pursuant to this part is immune from any civil or criminal liability unless the complaint was made maliciously or without good faith.
(4) (4)(a) Discriminatory, disciplinary, or retaliatory action may not be taken against a volunteer or employee of a long-term care facility or governmental agency, or against a resident of a long-term care facility, for any communication made or information given or disclosed to aid the ombudsman or other appropriate public agency in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith.
(4)(b) This subsection does not infringe on the rights of an employer to supervise, discipline, or terminate an employee for any other reason.