(a)
- (1) Ombudsman program representatives have access to review the medical, social, personal, clinical, financial, and other records of a resident as authorized.
- (2) This includes access to the name and contact information of a resident representative, if any, where needed to perform the duties of the Arkansas Long-Term Care Ombudsman Program.
- (b) Resident private health information may be released by the covered entity to the program for purposes of ombudsman investigation or advocacy under the Health Insurance Portability and Accountability Act of 1996 privacy rule, 45 C.F.R. § 1324.11(e)(2)(vii).
(c) The ombudsman shall have access to review and make copies of medical, social, or other records of a resident if:
(1)
- (A) The ombudsman program representative obtains consent in writing or through the use of auxiliary aids and services from the resident or the resident’s legal representative.
- (B) The consent will be documented contemporaneously by a representative of the Office of the State Long-Term Care Ombudsman in the ombudsman program record;
- (2) The resident is unable to consent to the review and has no legal representative; or
(3) Access is necessary to investigate a complaint if:
- (A) A legal representative refuses to give permission;
- (B) The ombudsman representative has reasonable cause to believe that the guardian is not acting in the best interest of the resident; and
- (C) The ombudsman representative obtains approval of the State Long-Term Care Ombudsman.
- (d) When an ombudsman program representative is denied access to a resident's records by the custodian of such records after presenting appropriate consent from a resident, representative, or the State Long-Term Care Ombudsman, the Regional Ombudsman and the office shall follow the procedures prescribed in 20 CAR § 432-801(d) and (e).
- (e) The records of a resident shall be treated with the highest degree of confidentiality and obtained only as necessary to seek resolution of a complaint.