In accordance with requirements of the federal Older Americans Act, an ombudsman shall have access to:
(1) long–term care facilities and residents;
(2) the medical and social records of a resident, if:
(i) the ombudsman has the permission of the resident or the legal representative of the resident; or
(ii) the resident is unable to consent and has no legal representative;
(3) the records that are necessary to investigate a complaint if:
(i) a legal guardian of the resident refuses to give permission to access the records;
(ii) the ombudsman has reasonable cause to believe that the guardian is not acting in the best interests of the resident; and
(iii) the ombudsman obtains the approval of the State Long–Term Care Ombudsman;
(4) the administrative records, policies, and documents of long–term care facilities to which the residents or members of the general public have access; and
(5) copies of all licensing and certification records maintained by the Maryland Department of Health or any other State unit with respect to long–term care facilities.
Structure Maryland Statutes
Title 10 - Department of Aging
Subtitle 9 - Long-Term Care Ombudsman Program
Section 10-902 - Long-Term Care Ombudsman Program Established
Section 10-903 - Office of Long-Term Care Ombudsman
Section 10-904 - Qualifications
Section 10-906 - Regulations Related to Conflicts of Interest and Confidentiality
Section 10-907 - Coordination of Services
Section 10-908 - Statewide Uniform Reporting System for the Program
Section 10-909 - Annual Reports