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 406 - CASE RECORDS
Section Omb 406.02 - Disclosure of Information or Records

Universal Citation: NH Admin Rules Omb 406.02

Current through Register No. 40, October 3, 2024

(a) The LTCO shall disclose case records or information about complaints or cases pursuant to RSA 161-F:13, II, if:

(1) The resident provides informed consent to disclosing the record;

(2) The resident's personal patient representative or legal representative may provide informed consent only when the resident is not able to provide informed consent;

(3) A court orders disclosure of written records or notices of the LTCO;

(4) The LTCO or LTCOR is court ordered to testify about the complaint and the investigation in court;

(5) The LTCO or LTCOR is referring a complaint pursuant to Omb 404.01 (d); or

(6) Disclosure without informed consent falls within one of the circumstances set out in RSA 163-F:13, 14, or these rules.

(b) When disclosing records or information in (a) above the LTCO or LTCOR shall disclose only that information necessary to accomplish the purpose of the disclosure.

(c) Personal identifying information of the complainant or the resident shall not be disclosed unless:

(1) The resident, the personal patient representative, or legal representative consents to disclosure;

(2) The complainant consents to disclosure;

(3) Disclosure is court ordered; or

(4) Disclosure of the personal identifying information of the resident is required under circumstances set forth in Omb 403.01(e), Omb 404.01, or 404.02.

(d) The scope of any information disclosed pursuant to a court order shall not exceed the stated purpose of disclosure pursuant to the court order.

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