12 CCR 2510-1-10.420.6 - Access [Rev. eff. 12/1/10]

Representatives of the CLTCO, including local LTC ombudsmen, shall have access to:

A. Long-term care facilities and residents, including the following:

1. Nursing care facilities;

2. Skilled nursing facilities;

3. Assisted living residences; and,

4. Swing beds in extended care facilities.

B. The medical and social records of a long-term care resident if:

1. The Long-Term Care ombudsman has the permission of the resident, or the legal representative of the resident;

2. The resident is unable to consent to the review and has no legal representative; or,

3. Access to the records is necessary to investigate a complaint if:

a. A legal guardian of the resident refuses to give permission;

b. The Long-Term Care ombudsman has reasonable cause to believe the guardian is not acting in the best interests of the resident; and,

c. The Long-Term Care ombudsman obtains the approval of the CLTCO.

C. The administrative records, policies, and documents of long-term care facilities, to which the residents or the general public has access; and,

D. Upon request, copies of all licensing and certification records maintained by the state with respect to any long-term care facility.

Notes

12 CCR 2510-1-10.420.6

39 CR 01, January 10, 2016, effective 2/1/2016