Access . An ombudsman shall have access to long-term care facilities, home- and community-based alternative living centers, and residents. An ombudsman shall also have access to:

1. (1) All files, records, or other information concerning a resident, if:

   1. (A) The ombudsman has the permission of the resident, or the legal representative of the resident; or
   2. (B) The resident is unable to communicate consent to the review and has no legal representatives; or

2. (2) All files, records, or other information as is necessary to investigate a complaint, if:

   1. (A) A legal guardian of the resident refuses to give the permission; and
   2. (B) The ombudsman has reasonable cause to believe that the guardian is not acting in the best interests of the resident.

Source: 47 SDR 137, effective June 27, 2021 .

General Authority: SDCL 1-36A-26 (12).

Law Implemented: SDCL 1-36A-27 , 1-36A-28 .