(a)In determining whether and to what extent to disclose files, records, and other information maintained by the Ombudsman program, the Ombudsman shall:
(1)have the sole authority to make or delegate determinations concerning the disclosure of files, records, and other information maintained by the Ombudsman program, and shall comply with Section 712(d) of the federal Older Americans Act, 42 U.S.C. § 3058g(d), in responding to requests for disclosure of files, records, and other information, regardless of the format of the file, record, or other information; the source of the request; or the sources of funding for the Ombudsman program; (2)develop and adhere to criteria to guide the Ombudsman’s discretion in determining whether to disclose the files, records, or other information; and
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(a) In determining whether and to what extent to disclose files, records, and other information maintained by the Ombudsman program, the Ombudsman shall:
(1) have the sole authority to make or delegate determinations concerning the disclosure of files, records, and other information maintained by the Ombudsman program, and shall comply with Section 712(d) of the federal Older Americans Act, 42 U.S.C. § 3058g(d), in responding to requests for disclosure of files, records, and other information, regardless of the format of the file, record, or other information; the source of the request; or the sources of funding for the Ombudsman program;
(2) develop and adhere to criteria to guide the Ombudsman’s discretion in determining whether to disclose the files, records, or other information; and
(3) develop and adhere to a process for appropriate disclosure of information maintained by the Ombudsman’s office.
(b) Except as otherwise required by law, the Ombudsman program shall not disclose identifying information relating to any resident on whom the Ombudsman program maintains files, records, or information unless:
(1) the resident or resident representative communicates informed consent to the disclosure and consent is provided in writing or through the use of auxiliary aids and services;
(2) the resident or resident representative communicates informed consent orally, visually, or through the use of auxiliary aids and services and the Ombudsman or a representative of the Office documents the consent contemporaneously in accordance with established procedures; or
(3) disclosure is required by court order.
(c) The Ombudsman program shall not disclose identifying information relating to any complainant on whom the Ombudsman program maintains files, records, or information unless:
(1) the complainant communicates informed consent to the disclosure and consent is provided in writing or through the use of auxiliary aids and services;
(2) the complainant communicates informed consent orally, visually, or through the use of auxiliary aids and services and the Ombudsman or a representative of the Office documents the consent contemporaneously in accordance with established procedures; or
(3) disclosure is required by court order. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2017, No. 23, § 1.)