198.032. Records, what confidential, what subject to disclosure--procedure--central registry to receive complaints of abuse and neglect, procedure--hotline caller log to be maintained.

MISSOURI STATUTES AND CODES

198.032. Records, what confidential, what subject to disclosure--procedure--central registry to receive complaints of abuse and neglect, procedure--hotline caller log to be maintained.

Records, what confidential, what subject todisclosure--procedure--central registry to receive complaints ofabuse and neglect, procedure--hotline caller log to be maintained.

198.032. 1. Nothing contained in sections 198.003 to 198.186 shallpermit the public disclosure by the department of confidential medical,social, personal or financial records of any resident in any facility, exceptwhen disclosed in a manner which does not identify any resident, or whenordered to do so by a court of competent jurisdiction. Such records shall beaccessible without court order for examination and copying only to thefollowing persons or offices, or to their designees:

(1) The department or any person or agency designated by the department;

(2) The attorney general;

(3) The department of mental health for residents placed through thatdepartment;

(4) Any appropriate law enforcement agency;

(5) The resident, the resident's guardian, or any other persondesignated by the resident; and

(6) Appropriate committees of the general assembly and the stateauditor, but only to the extent of financial records which the operator isrequired to maintain pursuant to sections 198.088 and 198.090.

2. Inspection reports and written reports of investigations ofcomplaints, of substantiated reports of abuse and neglect received inaccordance with section 198.070, and complaints received by the departmentrelating to the quality of care of facility residents, shall be accessible tothe public for examination and copying, provided that such reports aredisclosed in a manner which does not identify the complainant or anyparticular resident. Records and reports shall clearly show what steps thedepartment and the institution are taking to resolve problems indicated insaid inspections, reports and complaints.

3. The department shall maintain a central registry capable of receivingand maintaining reports received in a manner that facilitates rapid access andrecall of the information reported, and of subsequent investigations and otherrelevant information. The department shall electronically record and maintaina hotline caller log for the reporting of suspected abuse and neglect inlong-term care facilities. Any telephone report of suspected abuse andneglect received by the department and such recorded reports shall be retainedby the department for a period of one year after recording. The departmentshall in all cases attempt to obtain the name of any person making a reportafter obtaining relevant information regarding the alleged abuse or neglect.The department shall also attempt to obtain the address of any person making areport. The identity of the person making the report shall remainconfidential.