Sec. 16.4. (a) An ombudsman must be provided access to a resident's medical, financial, and social records. Except as provided in subsections (c) and (d), the ombudsman must obtain consent under subsection (b) before having access to the records.
(b) Consent to have access to a resident's medical, financial, and social records shall be given in one (1) of the following forms:
(1) In writing by the resident.
(2) Orally by the resident.
(3) Through the use of auxiliary aids and services.
(4) In writing by the legal representative of the resident if:
(A) the resident is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law; and
(B) the legal representative has the authority to give consent.
(5) Visually by the resident.
(c) If consent to have access to a resident's medical, financial, and social records cannot be obtained under subsection (b), an ombudsman may inspect the records of a resident if the resident is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law, and:
(1) has no legal representative;
(2) has a legal representative but the legal representative cannot be contacted within three (3) days; or
(3) has a legal representative but the legal representative does not have the authority to give consent to have access to the records.
(d) If an ombudsman has:
(1) been denied access to a resident's medical, financial, and social records by the resident's legal representative;
(2) reasonable cause to believe that the resident's legal representative is not acting in the best interests of the resident; and
(3) received written approval from the state ombudsman;
the ombudsman may inspect the records of the resident.
As added by P.L.139-1993, SEC.17. Amended by P.L.168-2018, SEC.22.
Structure Indiana Code
Chapter 13. Long Term Care Ombudsman Program
12-10-13-3.2. Legal Assistance Developer
12-10-13-3.3. Legal Representative
12-10-13-3.6. Long Term Care Facility
12-10-13-7. Establishment of Office
12-10-13-8. Appointing of State Long Term Care Ombudsman
12-10-13-9. Appointment of Acting State Ombudsman
12-10-13-11. Prohibition on Previous Employment of State Ombudsman
12-10-13-12. Eligibility; Pecuniary Interest Prohibition
12-10-13-13. Technical Experts; Staff
12-10-13-14. Investigation and Resolution of Complaints and Concerns
12-10-13-15. Disclosure of Records With Informed Consent
12-10-13-16.2. Ombudsman; Access to Persons, Places, Records, and Other Information
12-10-13-16.5. Access to Records of a Long Term Care Facility
12-10-13-16.6. Ombudsman; Access to Records of State or Local Government Agency or Entity
12-10-13-16.7. Immunity for the Release or Disclosure of Records
12-10-13-19. Annual Report; Distribution