Washington Administrative Code
Title 365 - Commerce, Department of (Community Development)
Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development
Section 365-18-110 - Confidentiality of ombudsman records, communications privileged
Current through Register Vol. 24-06, March 15, 2024
(1) All records and files maintained by the long-term care ombudsman program shall remain confidential. Any disclosure of long-term care ombudsman program records is subject to the following provisions:
(2) All communications by an ombudsman, if reasonably related to the requirements of that individual's responsibilities under this chapter or federal or state statutes and done in good faith, are privileged. That privilege shall serve as a defense to any action in libel or slander. Ombudsmen are exempt from being required to testify in court, administrative hearings, or depositions as to any confidential matters, except as the court may deem necessary to enforce this chapter.
(3) In monitoring the state office and regional ombudsmen programs, subject to the discretion of the state ombudsman, access to the ombudsman files and records, minus identifying information regarding any resident, complainant, or witness, shall be available to the director or one senior manager of the department and the organization in which the ombudsman program is administratively located. The individual who performs this monitoring function shall have no conflict of interest, as provided in WAC 365-18-040(2).
Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 ( 42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-110, filed 4/17/00, effective 5/18/00.