(a) Records obtained or maintained by the ombudsman are confidential, are not subject to inspection or copying under AS 40.25.110 - 40.25.120 and, except as provided in (b) of this section, may be disclosed only at the discretion of the ombudsman.

(b) The identity of a complainant or an older Alaskan or resident of a long term care facility on whose behalf a complaint is made may only be disclosed with the consent of the identified person or the person's legal guardian or resident representative or by court order. However, if an older Alaskan is unable to provide consent and does not have a legal guardian, or if a resident of a long term care facility is unable to provide consent and does not have a resident representative, the ombudsman may disclose the identity of an identified person for the purpose of making a referral to an agency or person, if the ombudsman or an employee or volunteer of the office

(1) has reasonable cause to believe that an action, inaction, or decision, including an action, inaction, or decision by a resident representative or a legal guardian of an older Alaskan, may adversely affect the health, safety, welfare, or rights of the older Alaskan or resident;

(2) has reasonable cause to believe the referral is in the best interest of the older Alaskan or resident;

(3) obtains the approval of the ombudsman for the disclosure and referral; and

(4) does not have evidence that the older Alaskan or resident would disagree with the referral.