Section 15.01.03.033 - ACCESSThe Office shall ensure that representatives of the Office have access to long-term care facilities and residents as well as appropriate access to medical and social records, and resident representative contact information needed to investigate complaints.
01.Visitation. For visitation purposes, local ombudsmen shall have access to long-term care facilities during regular business hours. Visiting local ombudsmen shall:a. Notify the person in charge upon entering the facility;b. Be allowed to visit common areas of the facility and the rooms of residents if consent is given by the resident; andc. Communicate privately and without restriction with any resident who consents to the communication.02.Investigation. Local ombudsmen shall have access to long-term care facilities at any time for the purpose of conducting investigations. A local ombudsman conducting an investigation shall: a. Notify the person in charge upon entering the facility;b. Be allowed to visit common areas of the facility and the rooms of residents if consent is given by the resident;c. Seek out residents who consent to communicate privately;d. Communicate privately and without restriction with any resident who consents to the communication; ande. Inspect a resident's records under conditions set forth in the OAA, Section 712.f. Inspect facility administrative records, policies, and documents that are accessible to the resident and general public.03.Privacy. Local ombudsmen shall have statutory authority to visit facilities and residents in facilities unescorted by facility personnel. See Section 67-5009, Idaho Code.04.HIPAA. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, 45 CFR 164, subparts A and E, does not preclude release by the facility of resident private health information or other resident identifying information to the Office.Idaho Admin. Code r. 15.01.03.033