Sec. 101A.258. ACCESS TO RECORDS AND CONFIDENTIALITY. (a) The state ombudsman or the state ombudsman's designee, specifically identified by the commissioner, shall have access to patient care records of elderly residents of long-term care facilities as provided by Subsection (a-1). The executive commissioner by rule shall establish procedures for obtaining access to the records. All records and information to which the state ombudsman or the state ombudsman's designee obtains access remain confidential.
(a-1) The state ombudsman or the state ombudsman's designee, specifically identified by the commissioner, shall have access to patient care records of elderly residents of long-term care facilities if:
(1) the resident or the resident's legal representative consents to the access;
(2) the resident is unable to consent to the access and the resident has no legal representative; or
(3) access to the records is necessary to investigate a complaint and:
(A) a legal guardian of the resident refuses to consent to the access;
(B) the state ombudsman or the state ombudsman's designee has reasonable cause to believe that the guardian is not acting in the best interests of the resident; and
(C) the state ombudsman approves the access.
(b) The office shall ensure that the identity of a complainant or any facility resident may be disclosed only with the written consent of the person or the person's legal representative or on court order.
(c) The information in files maintained by the office may be disclosed only by the ombudsman who has authority over the disposition of the files.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
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