Ohio Administrative Code
Title 173 - Department of Aging
Chapter 173-14 - State Long Term Care Ombudsman
Section 173-14-19 - Case records and reporting of core services
Universal Citation: OH Admin Code 173-14-19
Current through all regulations passed and filed through September 16, 2024
(A) Reporting:
(1)
The complaint
case record shall include only objective observations of items revealed during
the course of the investigation, including the consumer's physical condition,
behavior, conversations, and when appropriate to a complex complaint, any data
required in ODIS.
(2)
Reporting of advocacy and general-information services
shall include only the objective information required in ODIS.
(3)
Representatives
shall report all activity in ODIS within six days after the activity is
performed.
(B) Records retention: The SLTCO and regional programs shall retain all records for three years after a case is closed.
(C) Access to case records:
(1)
Access to case
records and other reports of ombudsman activity contained in ODIS is limited to
representatives.
(2)
Information contained in the records maintained by the
office and the regional programs shall be released only at the discretion of
the SLTCO. Identities of consumers, witnesses, and complainants shall not be
released absent a court order.
(3)
If a party
outside of the office wants to request a record (either in whole or in part),
deposition, or testimony in an administrative or judicial proceeding, the party
must make its request to the office or the regional program to be
considered.
(4)
When any representative receives a request for a record
(either in whole or in part), the representative shall notify the SLTCO in
writing or email within three business days. When any representative receives a
request for deposition or testimony in an administrative or judicial
proceeding, the representative shall notify the SLTCO immediately by
telephone.
(5)
Within three business days after notification, the
representative shall provide the SLTCO with the written or emailed request in a
format prescribed by the SLTCO describing the case involved, the circumstance
for the request, and other information as requested.
(6)
The SLTCO or the
designee of the SLTCO, in determining whether to release or withhold records,
shall review the records requested and discuss the circumstance with the
representative.
(7)
As appropriate, according to rule
173-14-16 of the Administrative
Code, the SLTCO or the designee of the SLTCO shall secure consent from the
consumer.
(8)
The SLTCO or the designee of the SLTCO may consult with
legal counsel as needed.
(9)
As necessary, and as requested by the SLTCO, the role
of the SLTCO's legal counsel includes the following:
(a)
Negotiating with
the party issuing the request in order to implement the SLTCO
determination.
(b)
Explaining the confidentiality
restrictions.
(c)
Advising the SLTCO on the risks and benefits of
disclosure.
(d)
Taking action to quash the request.
(e)
Being present
during deposition or testimony.
(10)
When an
ombudsman advocates for a consumer at an administrative hearing (e.g.,
discharge hearing, medicare/medicaid appeal hearing) according to an
established action plan, the ombudsman may present copies of consumer medical
records obtained during the course of the investigation with consumer consent
as it is determined necessary to advocate for the consumer and according to
ombudsman laws, rules, and policies to protect confidentiality.
Replaces: 173-14-19
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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