(1) A long-term care ombudsman or PACE ombudsman, upon presenting a long-term care or PACE ombudsman identification card, must have immediate access to a long-term care facility, PACE center, or participant's residence and to its residents or participants eligible for ombudsman services pursuant to this article 11.5 for the purposes of effectively carrying out the provisions of this article 11.5.
In performing ombudsman duties and functions of their respective offices in accordance with this article, an ombudsman shall have access to review the medical and social records of a resident or PACE participant eligible for ombudsman services pursuant to this article, provided the resident or PACE participant has consented to such review. In the event consent to such review is not available because the resident or PACE participant is incapable of consenting and has no guardian to provide consent, the resident's records or PACE participant's records may be inspected by the state long-term care ombudsman or the state PACE ombudsman, respectively.
(2.5) Repealed.
In carrying out the provisions of this section, each ombudsman shall follow procedures of confidentiality in accordance with the older Americans act.
Source: L. 90: Entire article added, p. 1404, § 1, effective April 10. L. 2016: (2) amended and (2.5) added, (SB 16-199), ch. 270, p. 1119, § 6, effective June 10. L. 2017: (1) amended and (2.5) repealed, (HB 17-1264), ch. 363, p. 1902, § 6, effective June 5.