The ombudsman may access residents and records, but must notify the facility administrator on entry and work in the least disruptive way. Facilities and other entities may not retaliate or take reprisals, and violations can lead to a misdemeanor fine.
§2010.4. Ombudsman; powers; prohibition of interference; penalties A. The ombudsman shall have immediate access to any resident in the reasonable pursuit of his functions and responsibilities, shall inform the administrator or person in charge of his presence upon entering the facility, and shall perform his duties in the manner least disruptive of patient care and activities. B. In exercising its responsibilities, the office may engage in the following actions: (1) Communicating privately and confidentially with residents of facilities. (2) Reviewing or obtaining any books, files, medical, social or financial records, or other relevant records pertaining to a particular resident, provided written consent is obtained from such resident or his legal representative. (3) The office of the state long term care ombudsman will establish procedures, through the Administrative Procedure Act, for appropriate access by ombudsman to long term care facilities and patient's records, including procedures to protect the confidentiality of such records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of such complainant or resident, or upon court order. C. Willful interference with representatives of the office of the state long term care ombudsman in the performance of their official duties, as defined by state and federal laws and regulations, shall be unlawful. Retaliation and reprisals by a long term care facility or other entity with respect to any resident or employee of a long term care facility for having filed a complaint with or provided information to the office of the state long term care ombudsman is prohibited. Any person who knowingly or willfully violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction punished by a fine of not less than one hundred or more than five hundred dollars. D. No representative of the office of the state long term care ombudsman will be liable under state law for the good faith performance of official duties as defined by state and federal laws and regulations. Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.