New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter D - Adult-Care Facilities
Part 485 - General Provisions
Section 485.13 - Certified long-term care ombudsmen
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 485.13
Current through Register Vol. 46, No. 39, September 25, 2024
(a)
(1) An operator must not restrict or prohibit the
access to the residents of the facility nor interfere with the performance of the
official duties of a duly authorized ombudsman certified by the State Office for the
Aging.
(2) Such access shall be
permitted at any time during a facility's regular business hours or regular visiting
hours.
(3) In addition to the access
permitted under paragraph (2) of this subdivision, an operator shall not restrict
access at other times if the ombudsman is seeking to investigate a complaint or is
responding to a specific request of a resident.
(4) The operator shall not interfere with the
privacy and confidentiality of the visits between the resident and the
ombudsman.
(5) An operator may not
retaliate nor take reprisals against any resident, employee or other person for
having filed a complaint with or having provided information to a duly authorized
ombudsman.
(b)
(1) The operator shall not restrict or prohibit
access by ombudsmen to resident records maintained by the operator, provided that:
(i) the resident or resident representative has
given informed consent in writing or through the use of auxiliary aids and
services;
(ii) the resident or resident
representative has given informed consent orally, visually, or through the use of
auxiliary aids and services, and such consent is documented contemporaneously by an
ombudsman; or
(iii) access is necessary
in order to investigate a complaint, the resident representative refuses to consent
to the access, an ombudsman has reasonable cause to believe that the resident
representative is not acting in the best interests of the resident, and the
ombudsman obtains the approval of the state long-term care ombudsman.
(2) Access to records shall be
permitted between 9 a.m. and 5 p.m., Monday through Friday.
(3) The operator shall designate a member or
members of staff who shall be responsible for providing access to such records and,
where necessary, interpretation of such records.
(4) Ombudsmen shall have the right to photocopy
onsite such records; however, records shall not be removed from the facility by the
ombudsman.
(5) The operator may charge a
reasonable fee, not to exceed $1 per page, for photocopying.
(6) Disclosure to a duly designated ombudsman,
pursuant to paragraph (1) of this subdivision (b), shall not, based solely on such
disclosure, give rise to any claim as to a breach of confidentiality by the
operator.
(7) Nothing in this section
shall be construed to permit access to a physician's records, clergy records, or to
other community service agency records, which are not maintained by the operator as
part of the resident's records.
(c) The operator shall require anyone seeking access to the facility or to resident records as an authorized ombudsman to show identification and to sign a visitor's register or like record.
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