R510-200-15. Records

  (1) This rule incorporates by reference UC 62A-3-206.

  (2) Access to resident/facility records:

  (a) the SLTCOP is a Health Oversight Agency, thus the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not preclude release by covered entities of resident private health information or other resident identifying information to the Ombudsman program, including residents:

  (i) medical records;

  (ii) social records;

  (iii) room numbers;

  (iv) names;

  (v) administrative records;

  (vi) policies;

  (vii) documents to which the resident or general public has access;

  (viii) all long-term care facility licensing and certification records maintained by the State; and

  (ix) other resident records.

  (b) each LTCO has access to records of the local LTCOP for which he or she serves; and

  (c) for the purpose of providing temporary coverage for another local LTCOP, a LTCO may have access to the LTCO records of the other local LTCOP to the extent necessary to provide such coverage.

  (3) Division, AAA, and Provider Agency access to records:

  (a) the Department of Human Services (DHS), Division, and the relevant AAA and/or Provider Agency may review records, which reflect the activities of the LTCOP;

  (b) Division, AAA, or Provider Agency may not review records that disclose the identity of any resident or complainant, except for the SLTCO; and

  (c) no State agency, AAA, or Provider Agency may require a LTCO to disclose the identity of a complainant or resident except as specifically provided by Federal or State law.

  (4) Maintenance of LTCO records and the LTCO reporting system:

  (a) maintaining records through an ombudsman computer program, a statewide uniform reporting system to collect and analyze data relating to complaints, cases, and activities in long-term care facilities;

  (b) any paper documentation shall be scanned into the ombudsman computer program.