Section 12-10-13-16.4 - Ombudsman; access to medical, financial, and social records of resident or client; consent(a) An ombudsman must be provided access to a resident's medical, financial, and social records. Except as provided in subsections (c) and (d), the ombudsman must obtain consent under subsection (b) before having access to the records.(b) Consent to have access to a resident's medical, financial, and social records shall be given in one (1) of the following forms:(1) In writing by the resident.(2) Orally by the resident.(3) Through the use of auxiliary aids and services.(4) In writing by the legal representative of the resident if: (A) the resident is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law; and(B) the legal representative has the authority to give consent.(5) Visually by the resident.(c) If consent to have access to a resident's medical, financial, and social records cannot be obtained under subsection (b), an ombudsman may inspect the records of a resident if the resident is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law, and: (1) has no legal representative;(2) has a legal representative but the legal representative cannot be contacted within three (3) days; or(3) has a legal representative but the legal representative does not have the authority to give consent to have access to the records.(d) If an ombudsman has:(1) been denied access to a resident's medical, financial, and social records by the resident's legal representative;(2) reasonable cause to believe that the resident's legal representative is not acting in the best interests of the resident; and(3) received written approval from the state ombudsman; the ombudsman may inspect the records of the resident.
Amended by P.L. 168-2018,SEC. 22, eff. 7/1/2018.As added by P.L. 139-1993, SEC.17.