Delaware Code Title 16 Sec. 1153 – Access to facilities and patient records
(a) The Ombudsperson shall have access to any facility or record which is relevant to the performance of the Ombudsperson’s responsibilities under this subchapter, including any record otherwise rendered confidential under Delaware law; provided, however, that the Ombudsperson shall obtain the consent of any resident who is able to consent or any resident’s legal agent or guardian for access to such resident’s records.
Terms Used In Delaware Code Title 16 Sec. 1153
- Agency: means any private or public agency operating in the State, one of whose purposes is the funding, provision or regulation of health care services. See Delaware Code Title 16 Sec. 1151
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Long-term care facility: means any facility as defined in § 1102 of this title. See Delaware Code Title 16 Sec. 1151
- Ombudsperson: means the person designated under the Older Americans Act, as amended (42 U. See Delaware Code Title 16 Sec. 1151
- Record: means any medical, social, or financial information pertaining to a resident of a long-term care facility which is maintained by any agency regulated under this chapter or Chapter 10 of this title; provided, however, that "record" does not include criminal investigative files. See Delaware Code Title 16 Sec. 1151
- Resident: means an individual, whether identified as a patient, guest, or other designation, residing and receiving services in a long-term care facility. See Delaware Code Title 16 Sec. 1102
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) The Ombudsperson may initiate an investigation of any long-term care facility independent of the receipt of a specific complaint.
(c) Any state agency to which the Ombudsperson refers a complaint shall periodically advise the Ombudsperson of the status of the investigation of the complaint and notify the Ombudsperson in a timely manner of the disposition of the complaint.
(d) The Ombudsperson shall protect the confidentiality of residents’ records and shall permit access to such records only in accordance with regulations of the Office of the Long-Term Care Ombudsperson.
(e) The Ombudsperson shall protect the confidentiality of files maintained by the Ombudsperson and shall permit access to such files only under conditions as the Ombudsperson, in the Ombudsperson’s own sole discretion, deems appropriate.
(f) Notwithstanding any other provision of this subchapter, the Ombudsperson shall not disclose the identity of any complainant or resident unless a court orders such disclosure or the complainant or resident consents in writing to the disclosure of the complainant’s or resident’s identity.