12 CCR 2510-1-10.420.91 - Disclosure [Rev. eff. 2/1/16]

A. The SUA, in collaboration with the CLTCO, shall establish procedures for disclosure by the CLTCO and local LTC ombudsman of files maintained by the program, including records described in Section 10.420.7.

B. Such files and records shall be disclosed only at the discretion of the CLTCO (or the person designated by the CLTCO to disclose the files and records).

C. The disclosure of the identity of any complainant or resident with respect to whom the CLTCO maintains such files or records shall be prohibited unless:

1. The complainant or resident, or his/her legal representative, consents to the disclosure and the disclosure is given in writing;

2. The complainant or resident gives consent orally and the consent is documented contemporaneously in a writing made by a representative of the CLTCO in accordance with requirements established by the SUA; or,

3. The disclosure is required by court order.

D. Disclosure of protected health information by the CLTCO to other entities and written authorizations of disclosure shall meet all of the requirements of Section 10.206 of these rules and any CLTCO policies and procedures.

Notes

12 CCR 2510-1-10.420.91

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