1. (1) APPLICABILITY. The confidentiality and disclosure of information requirement applies to the complaint files maintained by the entities below, which are established under Chapter 400, Part I, F.S.:

   1. (a) Staff members of the Office of the State Long-Term Care Ombudsman;
   2. (b) Members of the State Long-Term Care Ombudsman Council; and,
   3. (c) Members of the district long-term care ombudsman councils.

2. (2) REQUIREMENTS.

   1. (a) Individuals specified in subsection (1), of this rule must be aware of the requirements in this subsection regarding the confidentiality and disclosure of information involving complaint files in the performance of their duties:

      1. Section 400.0077, F.S.; and,

      2. Title VII, Chapter 2, of the Older Americans Act of 1965, as amended in 2006, 42 U.S.C., Section 3058g(d).

   2. (b) Complaint case files cannot be released by the program until the case is closed as defined in Rule 58L-1.0011, F.A.C.

Rulemaking Authority 400.0077(5) FS. Law Implemented 400.0077 FS. History–New 7-25-95, Amended 3-18-10.