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 404.03 - Accessing Resident Records
Current through Register No. 12, March 21, 2024
(a) When access to a resident's record is necessary to investigate the allegations in a complaint, the OLTCO shall seek the resident's informed consent or determine that such inspection is necessary pursuant to RSA 161-F:14.
(b) If a personal patient representative or legal representative is the subject of the complaint, the OLTCO shall access the records upon determining the following:
(c) The OLTCO shall document the existence of the conditions in (b), above, and provide a written determination that they exist to the facility where the resident resides.
(d) When access to a resident's record is obtained pursuant to (a) above, the LTCO or LTCOR shall have access to the following:
(e) If the resident refuses to give oral or written informed consent or authorization above is not obtained, the LTCO shall not review the medical record, unless one of the circumstances described in RSA 161-F:14, II exists.
(f) If the investigation is related to the actions or inactions of the personal patient representative or legal representative, OLTCO may request an accounting or other information relating to the fiduciary or financial relationship.
(g) If the information during the investigation or authorized by RSA 161-F:14 is not forthcoming within 60 days of the date on the request, the LTCO shall commence all available remedies under the law including but not limited to those remedies available pursuant to including, but not limited to, those remedies available pursuant to RSA 161-F:14, III.
