AGING AND DISABILITY SERVICES ADMINISTRATION
2008 NH "Dear Administrator" Letters
December 31, 2008
ADSA: NH #2008-021
OMBUDSMAN ACCESS TO RESIDENTS AND RESIDENT RECORDS
Dear Nursing Facility/Home Administrator:
This letter clarifies that the Long-Term Care Ombudsman Program (LTCOP) has the authority to have access to residents and resident records. In 2003, the federal government determined that the LTCOP was a “health oversight agency” and as a result, had access rights.
I have included some information below about what LTCOP access means for you. Please remember that access to the records also includes the right to copy records (WAC 365-18-100(5)).
Access to Residents: A resident has the right to have access to, and unrestricted, private visits from the ombudsman at all times.
Access to Resident Records: The ombudsman may have access to the resident’s confidential records, including health care records, under the following conditions:
- With consent from the resident or the resident’s representative, or
- If the resident is incompetent and has no representative, or
- If the resident’s representative refuses to give access, the ombudsman believes refusal is not in the resident’s best interest, and the State Ombudsman authorizes access.
Access to Resident Representatives: If the resident is incompetent or mentally incapacitated, then the resident should have a resident representative. When requested, you must give the ombudsman contact information regarding the representative for these residents.
Access to Family Member (who is not the resident’s representative): If the ombudsman wants to speak with a family member about a health care matter and the resident is competent, the ombudsman should get the contact information from the resident. If the ombudsman wants to contact the family members of many residents about matters on a family council for the facility (a separate duty of the ombudsman), you should provide the contact information to the ombudsman.
Access to Facility Policies: The ombudsman has the right to access and copy facility records and policies that the residents and the general public have access to review or copy (WAC 365-18-100(5)(b)). Facility records could include marketing materials, disclosure statements and charges, admission agreements, facility rules, etc.
Enclosed with this letter are sections of the relevant state regulations related to the Long-Term Care ombudsman’s duties and access to residents. If you have questions regarding the role of the Ombudsman, you may contact the State Long-Term Care Ombudsman’s office at 1-800-562-6028.
Sincerely,
Joyce Pashley Stockwell, Director
Residential Care Services
Enclosure
