1. (1) Each file maintained by the ombudsman program may only be disclosed at the sole discretion of the ombudsman

2. (2) The identity of a complainant or resident of a long-term care facility may not be disclosed by the ombudsman unless:

   1. (a) the complainant or resident, or the legal guardian or representative of either, consents in writing, orally, or through the use of auxiliary aids and services to the disclosure; or
   2. (b) a court orders the disclosure.
3. (3) The office shall develop and adhere to criteria to disclose any file, record, or other information maintained by the office in accordance with 42 U.S.C. 3058g.

4. (4) When developing criteria for the disclosure of a record, the office shall consider whether the disclosure has the potential to:

   1. (a) cause retaliation against any complainant, resident, or witness;
   2. (b) undermine the working relationship between the ombudsman program, any facility, or other agency; or
   3. (c) undermine any other official duty of the ombudsman program.
5. (5) The office shall review disclosure criteria annually to ensure the appropriate classification of each record and appropriate identification of any representative authorized to disclose specific categories of information.

KEY: ombudsman, LTCO

Date of Last Change: October 9, 2025

Authorizing, and Implemented or Interpreted Law: 26B-2-3, 42 U.S.C. 3058g, 45 CFR 1324(A)