S.D. Admin. R. 46:33:02:03

Current through Register Vol. 51, page 67, December 16, 2024

Section 46:33:02:03 - Access

In accordance with requirements of the federal Older Americans Act of 1965 (42 U.S.C. § 3058 et seq.), an ombudsman shall have access to long term care facilities, home and community based alternative living centers, and residents, and an ombudsman shall have access to:

(1) All files, records, or other information concerning a resident, if:

(a) The ombudsman has the permission of the resident, or the legal representative of the resident; or

(b) The resident is unable to communicate consent to the review and has no legal representative; or

(2) All files, records, or other information as is necessary to investigate a complaint if:

(a) A legal guardian of the resident refuses to give the permission; and

(b) The ombudsman has reasonable cause to believe that the guardian is not acting in the best interests of the resident.

S.D. Admin. R. 46:33:02:03

47 SDR 137, effective 6/27/2021

General Authority: SDCL 1-36A-26(12).

Law Implemented: SDCL 1-36A-26(12).