Section 15.01.03.041 - WRITTEN CONSENTThe Office shall ensure appropriate access to review medical and social records of a resident. (See OAA, Section 712)
01.Resident Written Consent. Access to confidential records requires the written consent of the resident or legal representative.02.Lack of Consent. If the client is unable to provide written or oral consent, or the legal representative is unavailable to provide consent, the local ombudsman, with approval of the Office may inspect available client records, including medical records that are necessary for investigation of a complaint.03.Consent Refused. If a local ombudsman has been refused access to records by legal representative but has reasonable cause to believe that the legal representative is not acting in the best interest of the client, the local ombudsman may, with the approval of the Office, inspect client records, including medical records.04.Requirements for Informing Client or Resident. The local ombudsman shall inform the complainant or resident regarding: a. Who will receive the information;b. What information will be disclosed; andc. The purpose for which the information is being disclosed.Idaho Admin. Code r. 15.01.03.041