Indiana Code
Chapter 13. Long Term Care Ombudsman Program
12-10-13-16.4. Ombudsman; Access to Medical, Financial, and Social Records of Resident or Client; Consent

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

Indiana Code

Title 12. Human Services

Article 10. Aging Services

Chapter 13. Long Term Care Ombudsman Program

12-10-13-1. Repealed

12-10-13-2. Repealed

12-10-13-3. Repealed

12-10-13-3.2. Legal Assistance Developer

12-10-13-3.3. Legal Representative

12-10-13-3.6. Long Term Care Facility

12-10-13-4. Office

12-10-13-4.5. Ombudsman

12-10-13-5. Repealed

12-10-13-6. State Ombudsman

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

12-10-13-10. Qualifications

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. Repealed

12-10-13-16.2. Ombudsman; Access to Persons, Places, Records, and Other Information

12-10-13-16.4. Ombudsman; Access to Medical, Financial, and Social Records of Resident or Client; Consent

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

12-10-13-16.8. Coordination Among Government Agencies; Toll Free Telephone Number for Reporting Problems; Nondisclosure of Identity of Complainant, Resident, or Client

12-10-13-17. Rules

12-10-13-18. Civil Immunity

12-10-13-19. Annual Report; Distribution

12-10-13-20. Violations

12-10-13-21. Independent Legal Counsel for State Ombudsman

12-10-13-22. Addressing of Grievances and Complaints