9 CRR-NY 6660.10NY-CRR
9 CRR-NY 6660.10
9 CRR-NY 6660.10
6660.10 Procedures for ombudsman access to records.
(a) An ombudsman shall have timely access to:
(1) medical, social, and other records relating to a resident, if:
(i) the resident or resident representative communicates informed consent to the access and the consent is given in writing or through the use of auxiliary aids and services;
(ii) the resident or resident representative communicates informed consent orally, visually, or through the use of auxiliary aids and services, and such consent is documented contemporaneously by the ombudsman in accordance with procedures of the State ombudsman; and
(iii) access is necessary in order to investigate a complaint, the resident representative refuses to consent to the access, the ombudsman has reasonable cause to believe that the resident representative is not acting in the best interests of the resident, and the ombudsman obtains the approval of the State ombudsman;
(2) administrative records, policies, and documents, to which the residents have, or the general public has access, of long-term care facilities;
(3) copies of all licensing and certification records maintained by the State with respect to long-term care facilities and information collected in the course of a State or Federal survey or inspection process; and
(4) a list of resident names and room numbers.
(b) An ombudsman shall not seek access to a resident’s medical, social, or other records except for the purpose of investigating a complaint made by or on behalf of one or more residents.
(c) An ombudsman shall not remove the original record from the premises of the facility providing care to the resident. Any copies removed from the premises by the ombudsman are subject to the confidentiality provisions of this Part.
(d) An ombudsman shall not disclose to any person outside of the ombudsman program any information obtained from a resident’s medical, social, or other records without the informed consent of the resident or resident representative or in accordance with procedures outlined in this Part.
9 CRR-NY 6660.10
Current through July 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.