Complaints or investigations; confidentiality; exceptions.

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81-2260. Complaints or investigations; confidentiality; exceptions.

(1) Information relating to any complaints or investigation made pursuant to the Long-Term Care Ombudsman Act that discloses the identities of complainants or residents shall remain confidential except:

(a) When disclosure is authorized in writing by the complainant, resident, or resident representative;

(b) When disclosure is necessary to an investigation of abuse, neglect, or exploitation and the disclosure is made to the Attorney General, the county attorney, or the department;

(c) When disclosure is necessary for the provision of services to the resident and the resident is unable to express written or oral consent; or

(d) Upon court order.

(2) Access to the records and files of the office relating to any complaint or investigation made pursuant to the Long-Term Care Ombudsman Act shall be permitted only at the discretion of the state long-term care ombudsman, except that the identity of any complainant, witness, or resident shall not be disclosed by such ombudsman except:

(a) When disclosure is authorized in writing by such complainant, witness, resident, or resident representative; or

(b) Upon court order.

Source

  • Laws 1992, LB 677, § 24;
  • Laws 1996, LB 1044, § 886;
  • Laws 2007, LB296, § 773;
  • Laws 2018, LB903, § 22.


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