Section 15.01.03.042 - CONFIDENTIALITYThe Office shall be the custodian of all local ombudsman program records including, but not limited to, records and files containing personal information relative to complainants and residents of long-term care facilities. Requests for release of confidential information shall be submitted to the Office for approval or denial. Release of information shall be granted pursuant to OAA, Section 721(e).
01.Storage of Records. Client records shall be maintained in locked storage. Case records inactive for two (2) years or longer may be expunged. As required by law, release of these records shall be limited to persons authorized by the Office.02.Performance Evaluations. For performance evaluation purposes, direct supervisors shall have access to client files maintained by local ombudsmen.03.Confidential Records. Records to be safeguarded include, but are not limited to, long-term care and community-based complaint files including: a. Notes of interviews with complainants and clients or collateral contacts;b. All copies of residents' medical records or diagnoses;c. All records relevant to complaint investigations;d. All memoranda generated by the Office or by another agency office during the evaluation and resolution of a complaint;e. All photographs, video tapes, tape recordings, etc. pertaining to complaint investigation;f. All memoranda or letters generated during evaluation or resolution of a complaint;g. Written documentation that parties affected by ombudsman opinions or recommendations have been notified; andh. Information containing unverified complaints about long-term care facility owners, administrators, staff or other persons involved in the long-term care system or in other service programs.04.Request for Anonymity. The ombudsman shall honor a resident's or complainant's request to remain anonymous. If investigation of a complaint requires that a resident's or complainant's name be divulged in order for the investigation to proceed, the ombudsman shall so inform the resident or complainant. If the resident or complainant insists on maintaining anonymity, the ombudsman may terminate the investigation.Idaho Admin. Code r. 15.01.03.042