(a) The program shall protect the confidentiality of the records (electronic or hard copy) of the residents and employees.
(b) No information or records (electronic or hard copy) maintained by the program shall be disclosed to the public.
(c) Except as provided in subsection (d) of this section, the program shall not disclose the identity of any complainant, resident involved in a complaint, witness, or representative of a resident, unless the complainant, resident, or representative of a resident authorizes the disclosure.
(d) A court may order the disclosure of information made confidential under this chapter if it determines that the disclosure is necessary to enforce this chapter.
(e) A communication between a resident and a person who has access under § 7-703.01 shall be confidential, unless the resident authorizes the release of the communication or unless disclosure is authorized under § 7-702.04(a)(1) or subsection (d) of this section.
(Mar. 16, 1989, D.C. Law 7-218, § 206, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321, § 2(c), 57 DCR 12438; Sept. 26, 2012, D.C. Law 19-171, § 54(b), 59 DCR 6190.)
1981 Ed., § 6-3516.
D.C. Law 18-321, in subsecs. (a) and (b), substituted “records (electronic or hard copy)” for “records”; in subsec. (c), substituted “Except as provided in subsection (d) of this section, the program” for “the program”; and added subsecs. (d) and (e).
The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.
Structure District of Columbia Code
Title 7 - Human Health Care and Safety
Chapter 7 - Long-Term Care Ombudsman Program
Subchapter II - Establishment of a Long-Term Care Ombudsman Program
§ 7–702.01. Purpose and functions
§ 7–702.02. Long-Term Care Ombudsman — appointment; vacancy
§ 7–702.03. Long-Term Care Ombudsman — Training and experience
§ 7–702.04. Long-Term Care Ombudsman — Powers and duties
§ 7–702.05. Complaint investigation
§ 7–702.06. Confidentiality of records and identities of residents