1. (a) An ombudsman must be provided access to a resident's or client's medical, financial, and social records. Except as provided in subsections (c) and (d), the ombudsman must obtain consent under subsection (b) before having access to the records.

2. (b) Consent to have access to a resident's or client's medical, financial, and social records shall be given in one (1) of the following forms:

   1. (1) In writing by the resident or client.
   2. (2) Orally by the resident or client in the presence of a witness.

   3. (3) In writing by the legal representative of the resident or client if:

      1. (A) the resident or client is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law; and
      2. (B) the legal representative has the authority to give consent.

3. (c) If consent to have access to a resident's or client's medical, financial, and social records cannot be obtained under subsection (b), an ombudsman may inspect the records of a resident or client if the resident or client is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law, and:

   1. (1) has no legal representative;
   2. (2) has a legal representative but the legal representative cannot be contacted within three (3) days; or
   3. (3) has a legal representative but the legal representative does not have the authority to give consent to have access to the records.

4. (d) If an ombudsman has:

   1. (1) been denied access to a resident's or client's medical, financial, and social records by the resident's or client's legal representative;
   2. (2) reasonable cause to believe that the resident's or client's legal representative is not acting in the best interests of the resident or client; and

   3. (3) received written approval from the state ombudsman;

      the ombudsman may inspect the records of the resident or client.

As added by P.L.139-1993, SEC.17.