N.H. Admin. Code § Omb 404.01

Current through Register No. 45, November 7, 2024

Section Omb 404.01 - Confidentiality and Disclosure of Complaint and Resident Information

(a) The OLTCO shall keep all complainant and resident identifying information confidential, except as otherwise provided in RSA 161-F and Omb 400.

(b) The OLTCO shall seek permission to reveal resident or complainant's identifying information as necessary to fully investigate the allegations within a complaint.

(c) A complainant may give the OLTCO permission to reveal his or her identifying information, but not the resident's identifying information, by providing written or oral informed consent.

(d) A resident or resident's personal patient representative or legal representative may give the OLTCO permission to disclose the resident's identifying information by providing informed consent in the form of:

(1) Written informed consent signed by the resident;

(2) Oral or visual communication, or through the use of auxiliary aids, and the resident's consent is documented contemporaneously in writing by an LTCOR; or

(3) If the resident is unable to provide informed consent pursuant to (d)(1) or (2) above, written informed consent signed by the resident's personal patient representative or legal representative.

(e) The OLTCO shall disclose identifying information of residents for the purposes of referring complaints pursuant to Omb 404.04 if:

(1) The OLTCO has received informed consent pursuant to (d) above; or

(2) The OLTCO determines that disclosing the resident's identifying information is necessary to protect the resident, as determined by:

a.The resident's inability to communicate informed consent, if such consent was not previously given;

b.The resident's lack of a personal patient representative or legal representative;

c.Reasonable cause to believe that an action, inaction, or decision is imminent that might adversely affect the health, safety, welfare, or rights of the resident;

d.The best interests of the resident; and

e.A lack of evidence indicating that the resident would not wish to have his or her identifying information disclosed.

(f) No LTCOR shall disclose resident identifying information pursuant to (e)(2), above, without that decision first being discussed with and approved by the LTCO.

N.H. Admin. Code § Omb 404.01

Derived From Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12379, Effective 9/13/2017, Expires 9/13/2027.