New Hampshire Code of Administrative Rules
Omb - Office of the Ombudsman in the Department of Health and Human Services
Chapter Omb 400 - OFFICE OF THE LONG-TERM CARE OMBUDSMAN
Part Omb 404 - DISCLOSURE OF IDENTIFYING INFORMATION AND REFERRALS TO OTHER AGENCIES
Section Omb 404.02 - Complaints From Personal Observation by Ombudsman Staff

Universal Citation: NH Admin Rules Omb 404.02

Current through Register No. 12, March 21, 2024

(a) If an LTCOR personally witnesses suspected abuse, gross neglect, or exploitation of a resident, the LTCOR shall seek informed consent from the resident to disclose what the LTCOR witnessed pursuant to Omb 404.01(d) above. If the LTCOR cannot obtain such consent, he or she shall follow the process described in Omb 404.01(e) to determine if disclosure is nonetheless appropriate. Either with or without the resident's consent, if disclosure would be permitted by Omb 404.01(e)(2), Omb 405.01(g) or 406.02a.(6), the LTCOR shall open a complaint on the resident's behalf.

(b) When an LTCOR determines that disclosure is appropriate pursuant to (a), above, the LTCOR shall:

(1) Document his or her observations in the case file;

(2) If the disclosure is permitted, document the factors used by the LTCOR to determine that reasonable cause existed supporting disclosure in the case file; and

(3) Review his or her observations with the LCTO to determine that requirements to disclose without consent pursuant to Omb 404.01(e)(2) have been met.

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