Sec. 7. (a) An ombudsman must be provided access to the following:

(1) An individual described in section 1 of this chapter.

(2) An entity that provides waiver services to an individual described in section 1 of this chapter.

(3) Records of an individual described in section 1 of this chapter, including records held by an entity that provides services to the individual.

(4) If an individual described in section 1 of this chapter is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law, the name, address, and telephone number of the individual's legal representative.

Except as provided in subsections (c) and (d), the ombudsman must obtain consent under subsection (b) before having access to the records described in subdivision (3).

(b) Consent to have access to an individual's records shall be given in one (1) of the following forms:

(1) In writing by the individual.

(2) Orally by the individual in the presence of a witness.

(3) In writing by the legal representative of the individual if:

(A) the individual is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law; and

(B) the legal representative has the authority to give consent.

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

(1) has no legal representative;

(2) has a legal representative but the legal representative cannot be contacted within three (3) days; or

(3) has a legal representative but the legal representative does not have the authority to give consent to have access to the records.

(d) If an ombudsman has:

(1) been denied access to an individual's records by the individual's legal representative;

(2) reasonable cause to believe that the individual's legal representative is not acting in the best interests of the individual; and

(3) received written approval from the state ombudsman;

the ombudsman may inspect the records of the individual.

As added by P.L.272-1999, SEC.35.