N.M. Code R. § 9.2.19.37 - ACCESS TO LONG-TERM CARE OMBUDSMAN RECORDS
A. All program client records are the
property of the office. The state ombudsman or designee shall have access to
all program records at all times for any lawful purpose.
B. Ombudsmen are permitted access to such
records as may be necessary to discharge their responsibilities in complaint
processing or other responsibilities under these regulations.
C. All records of another agency
participating in the joint protocol established under the provisions of
Subsection L of Section
24-1-5 NMSA 1978 that may come
into the possession of the program and that include identifying or otherwise
confidential resident or complainant information shall be held and disclosed in
the same manner as program records hereunder, except to the extent that such
other agency imposes stricter requirements or restrictions for disclosure, to
which extent the rules of such other agency shall be observed to the extent
permitted by law.
D. All
information concerning residents or complainants shall be handled with the
utmost care and discretion. No ombudsman shall disclose any information or
record that includes, implies or describes the identity of any complainant or
resident about whom the office maintains files or records unless:
(1) the complainant or resident or his or her
surrogate decision maker consent in writing to the disclosure;
(2) the complainant or resident gives
informed consent, which is documented immediately in writing by an
ombudsman;
(3) disclosure is
necessary for the provision of services to the resident or the resident is
unable to provide informed consent; or
(4) disclosure is ordered by a court of
competent jurisdiction.
Notes
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