81-2258. Office; access to medical and personal records; liability for disclosure; confidentiality.

(1) The office shall have access to the medical and personal records of a resident of a long-term care facility which are retained by the facility. If the resident:

(a) Has the ability to consent in writing or through the use of auxiliary aids and services, access may only be obtained by the written consent of the resident;

(b) Is unable to consent in writing or through the use of auxiliary aids and services, oral consent may be given;

(c) Is under guardianship or conservatorship that provides the guardian or conservator with the authority to approve review of records, the office shall obtain the permission of the guardian or conservator for review of the records unless (i) the existence of the guardianship or conservatorship is unknown to the office or the facility, (ii) the guardian or conservator cannot be reached within five working days, (iii) the subject of the complaint is the guardian or the conservator, or (iv) in case of an emergency;

(d) Has a resident representative other than a guardian or conservator as described in subdivision (c) of this subsection, the office shall obtain the permission of the resident representative for review of the records unless (i) the existence of the resident representative is unknown to the office or the facility, (ii) the resident representative cannot be reached within five working days, (iii) the subject of the complaint is the resident representative, or (iv) in case of emergency; and

(e) Is unable to express written or oral consent and there is no guardian, conservator, or other resident representative or the notification of the guardian, conservator, or other resident representative is not applicable for reasons set forth in subdivision (c) or (d) of this subsection or the resident is deceased, inspection of records may be made by the state long-term care ombudsman or representatives of the office.

(2) Copies of records may be reproduced by the office.

(3) Upon request by the office, a long-term care facility shall provide to the office the name, address, and telephone number of the resident representative or next of kin of a resident.

(4) The long-term care facility and personnel who disclose records pursuant to this section shall not be liable for the disclosure.

(5) The office shall establish procedures to protect the confidentiality of records obtained pursuant to this section.

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