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Summary:

Agencies providing services to older adults through a multidisciplinary team may provide information about older adult clients only to other county agency multidisciplinary team members providing services to same individuals to coordinate treatment between agencies. The county patients' rights advocate shall report any negative consequences of the implementation of this exception to confidentiality requirements to the local mental health director.

Summary:

The State Ombudsman shall access state and local government agency records to the extent necessary to perform investigation responsibilities, including confidential information.

Summary:

In order for the ombudsman office to carry out its duties, the office shall have access to the medical or personal records of a patient or resident that are retained by the long-term care facility under the following conditions: (a) with written consent of the patient/resident if they have the ability to write, (b) with oral consent of the patient with third party witness, (c) with permission of guardian or conservator unless such person is unknown, cannot be reached within 3 working days, or there is reason to believe that such person is not acting in the best interests of the patient.

Summary:

Notwithstanding the CMIA, in order for the ombudsman office to carry out its duties, the office shall have access to the medical or personal records of a patient or resident that are retained by the long-term care facility and where the patient/resident is unable to express written/oral consent and there is no guardian/conservator to obtain permission from, then inspection of medical/personal records may occur if there is sufficient cause for the inspection. Licensee and facility personnel that disclose such records shall not be liable for disclosure.

Summary:

Files and records of the State Ombudsman office pertaining to complaints and investigations are confidential, unless consent to disclose is obtained. Information may be disclosed to a law enforcement agency, public protective service agency, and licensing or certification agency in accordance with federal law.

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