Section 455IAC1-8-14. Ombudsman program records; confidentiality; access; disclosure of identity of complainant or resident

   (a) All program records developed or maintained by the local ombudsman or volunteer ombudsman in the course of work for the office become the property of the office.

  (b) All program records shall be kept confidential and released only pursuant to state law and this rule.

  (c) Ombudsman program records shall be maintained in secure files to ensure confidentiality. Measures shall be implemented by the division and the local ombudsman entity to ensure confidentiality to the local ombudsman, state ombudsman, and the state level staff of the office with respect to the receipt of complaints by mail, fax, telephone, or personal interview, which measures shall include means for the delivery of mail, addressed to representatives of the office by name or title, unopened.

  (d) Access to program records shall be limited to the following, and to them only for purposes associated with their official duties:

(1) The state ombudsman.

(2) The state level staff of the office.

(3) The local ombudsman.

  (e) The state ombudsman, the state level staff of the office, the local ombudsman, and the volunteer ombudsman shall not disclose the identity of a complainant or resident, except:

(1) with the written consent of the resident or complainant or his or her legal representative;

(2) with the oral consent of the resident or complainant or his or her legal representative, and the consent is documented contemporaneously on a form prescribed or approved by the office; or

(3) the disclosure is required by court order.

(Division of Aging; 455 IAC 1-8-14; filed Mar 6, 2000, 7:51 a.m.: 23 IR 1646; readopted filed Nov 21, 2006, 11:00 a.m.: 20061213-IR-460060411RFA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1-7-14) to the Division of Aging (455 IAC 1-8-14) by P.L.153-2011, SECTION 21, effective July 1, 2011.