Current through Register 1518, March 29, 2024
(1)
Ombudsman Program
Information. The State Ombudsman will be the custodian and manage
the files, records, and other information of the Ombudsman Program (the
"records"). Ombudsman Program records include records and files containing
personal data concerning complaints held by State Ombudsman Program or local
ombudsman programs.
(a) All requests for the
disclosure of Ombudsman Program records, including personal data, other than
that ordered by a court or authorized by statute or regulation, will be
approved by the State Ombudsman or their designee, pursuant to 101 CMR 30.16(2)
through (4).
(b) The State
Ombudsman will have the sole authority to make or delegate determinations
concerning the disclosure of the files, records, and other information
maintained by the Ombudsman Program, subject to the prohibitions on release of
certain information as set forth in 101 CMR 30.16(2).
(2)
Disclosure of Identity of
Complainant or Resident.
(a) The
State Ombudsman may not disclose the identity of a complainant or resident,
either by name or by the release of sufficient information to allow the
complainant or resident's identity to be inferred, without the informed consent
of the resident, the resident's representative, or order by a court of
competent jurisdiction.
(b) If the
resident resides in a facility, is unable to give informed consent, and has no
resident representative, the State Ombudsman or an ombudsman representative
will not disclose the complainant or resident's identity unless:
1. there is reasonable cause to believe that
action, inaction, or a decision may adversely affect the health, safety,
welfare, or rights of said resident and disclosure is in the best interest of
the resident;
2. there is no
evidence the resident would not wish a referral to be made, including the
disclosure of their identity; and
3. the ombudsman representative follows the
policies and procedures of the Ombudsman Program, including receipt of approval
from the State Ombudsman.
(3)
Confidentiality of
Communications. A person associated with the Ombudsman Program,
including the State Ombudsman and ombudsman representatives, will, at all
times, maintain and respect the confidentiality of all communications with a
resident.
(4)
Right to
Privacy. The Ombudsman Program will, at all times, respect the
rights of residents and will not subject the resident to photographing,
filming, videotaping, or audiotaping without the written permission and
informed consent of the resident or resident representative.
