Section Omb 404.03 - Accessing Resident Records(a) When access to a resident's record is necessary to investigate the allegations in a complaint, the OLTCO shall seek the resident's informed consent or determine that such inspection is necessary pursuant to RSA 161-F:14.(b) If a personal patient representative or legal representative is the subject of the complaint, the OLTCO shall access the records upon determining the following: (1) The resident is unable to give informed consent; and(2) There are no other methods of communicating with the resident.(c) The OLTCO shall document the existence of the conditions in (b), above, and provide a written determination that they exist to the facility where the resident resides.(d) When access to a resident's record is obtained pursuant to (a) above, the LTCO or LTCOR shall have access to the following:(1) All records and logs held at the facility, and any books, files, medical records, or other records, including internal reports completed by the facility, that pertain to the resident;(2) Licensing and certification for the facility maintained by the state; and(3) All records permitted by the Health Insurance Portability Accountability Act (1996) Privacy Rule (HIPAA) 45 CFR Part 160 and 164.(e) If the resident refuses to give oral or written informed consent or authorization above is not obtained, the LTCO shall not review the medical record, unless one of the circumstances described in RSA 161-F:14, II exists.(f) If the investigation is related to the actions or inactions of the personal patient representative or legal representative, OLTCO may request an accounting or other information relating to the fiduciary or financial relationship.(g) If the information during the investigation or authorized by RSA 161-F:14 is not forthcoming within 60 days of the date on the request, the LTCO shall commence all available remedies under the law including but not limited to those remedies available pursuant to including, but not limited to, those remedies available pursuant to RSA 161-F:14, III.N.H. Admin. Code § Omb 404.03
Derived From Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12379, Effective 9/13/2017, Expires 9/13/2027.