South Dakota Administrative Rules
Title 46 - Department of Human Services
Article 46:33 - Long Term Services and Supports
Chapter 46:33:02 - Ombudsman Services
Section 46:33:02:03 - Access
Universal Citation: SD Admin Rules 46:33:02:03
Current through Register Vol. 51, page 43, September 23, 2024
In accordance with requirements of the federal Older Americans Act of 1965 (42 U.S.C. § 3058 et seq.), an ombudsman shall have access to long term care facilities, home and community based alternative living centers, and residents, and an ombudsman shall have access to:
(1) All files, records, or other information concerning a resident, if:
(a) The ombudsman
has the permission of the resident, or the legal representative of the
resident; or
(b) The resident is
unable to communicate consent to the review and has no legal representative;
or
(2) All files, records, or other information as is necessary to investigate a complaint if:
(a) A legal guardian of the resident refuses
to give the permission; and
(b) The
ombudsman has reasonable cause to believe that the guardian is not acting in
the best interests of the resident.
General Authority: SDCL 1-36A-26(12).
Law Implemented: SDCL 1-36A-26(12).
Disclaimer: These regulations may not be the most recent version. South Dakota 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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