§ 42-66.7-7 - Access to records, facility, resident. - Rhode Island Statutes

SECTION 42-66.7-7

   § 42-66.7-7  Access to records, facility,resident. – (a) In the course of an investigation, the long-term care ombudsperson shall:

   (1) Make the necessary inquiries and obtain information as isdeemed necessary;

   (2) Have access to facilities and residents; and

   (3) Enter facilities and, after notifying the person incharge, inspect any books, files, medical records, or other records thatpertain to the resident.

   (b) In the ordinary course of the long-term careombudsperson's duties, the long-term care ombudsperson shall have access toresidents of a facility to:

   (1) Visit, talk with, make personal, social, and otherappropriate services available;

   (2) Inform them of their rights and entitlements andcorresponding obligations under federal and state law by distribution ofeducational materials, discussion in groups, or discussion with individualresidents and their families; and

   (3) Engage in other methods of assisting, advising, andrepresenting residents to extend to them the full enjoyment of their rights.

   (c) The office of the long-term care ombudsperson isconsidered a health oversight agency.

   (d) Notwithstanding any other provision of law, a healthoversight agency, and its employees and agents, shall comply with all state andfederal confidentiality laws, including, but not limited to, chapter 37.3 oftitle 5 (Confidentiality of Health Care Communications and Information Act) andspecifically subsection 5-37.3-4(c), which requires limitation on thedistribution of information which is the subject of this chapter on a "need toknow" basis, and § 40.1-5-26.