N.Y. Comp. Codes R. & Regs. tit. 9 § 6660.10

Current through Register Vol. 46, No. 53, December 31, 2024

Section 6660.10 - Procedures for ombudsman access to records

(a) An ombudsman shall have access to:

(1) medical, social, and other records relating to a resident, if:

(i) the resident or resident representative communicates informed consent to the access and the consent is given in writing or through the use of auxiliary aids and services;

(ii) the resident or resident representative communicates informed consent orally, visually, or through the use of auxiliary aids and services, and such consent is documented contemporaneously by the ombudsman in accordance with procedures of the state ombudsman; and

(iii) access is necessary in order to investigate a complaint, the resident representative refuses to consent to the access, the ombudsman has reasonable cause to believe that the resident representative is not acting in the best interests of the resident, and the ombudsman obtains the approval of the state ombudsman;

(2) administrative records, policies, and documents, to which the residents have, or the general public has access, of long-term care facilities;

(3) copies of all licensing and certification records maintained by the state with respect to long-term care facilities and information collected in the course of a state or federal survey or inspection process; and

(4) a list of resident names and room numbers.

(b) An ombudsman shall not seek access to a resident's medical, social, or other records except for the purpose of investigating a complaint made by or on behalf of one or more residents.

(c) An ombudsman shall not remove the original record from the premises of the facility providing care to the resident. Any copies removed from the premises by the ombudsman are subject to the confidentiality provisions of this part.

(d) An ombudsman shall not disclose to any person outside of the ombudsman program any information obtained from a resident's medical, social, or other records without the informed consent of the resident or resident representative or in accordance with procedures outlined in this part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6660.10

Adopted New York State Register February 21, 2018/Volume XL, Issue 08, eff. 2/21/2018