R510-200-24. Confidentiality

  (1) Disclosure of identifying information

  (a) all record requests shall be processed in accordance with UC 62A-3-207.

  (b) the SLTCO shall have the sole authority in making decisions concerning the disclosure of the files, records, and other information (physical, electronic, or other formats) maintained by the Ombudsman program (includes cases and activities of the LTCOP). No disclosure of such information shall be done without the prior approval of the SLTCO or his/her representative. This includes information maintained by local ombudsmen and volunteer ombudsmen. Such files, records and other information are the property of the Office

  (c) disclosure of identifying information of any resident with respect to whom the ombudsman program maintains files, records, or information is strictly prohibited, unless:

  (i) the resident or resident representative communicates informed consent orally, visually, written, or through auxiliary aids and such consent is documented contemporaneously by a LTCO; or

  (ii) if the SLTCO determines that the resident's representative, guardian, POA, spouse, or family member is not acting in the resident's best interest, the LTCO shall seek evidence to indicate what the resident would have desired and, where such evidence is available, work to effectuate that desire; or

  (iii) the disclosure is required by court order.

  (2) Disclosure of complainant information

  (a) this rule incorporates by reference UC 62A-3-207.

  (b) disclosure of identifying information of any complainant with respect to whom the ombudsman program maintains files, records, or information is strictly prohibited, unless they provide approval of informed consent. Informed consent can be obtained either orally, visually, written, or through auxiliary aids and such consent is documented contemporaneously by a LTCO.