Section 30.15 - Ombudsman Program Information, Disclosure, and Confidentiality Requirements(1)Ombudsman Program Information. The State Ombudsman will be the custodian and manage the files, records, and other information of the Ombudsman Program (the "records"). Ombudsman Program records include records and files containing personal data concerning complaints held by State Ombudsman Program or local ombudsman programs. (a) All requests for the disclosure of Ombudsman Program records, including personal data, other than that ordered by a court or authorized by statute or regulation, will be approved by the State Ombudsman or their designee, pursuant to 101 CMR 30.16(2) through (4).(b) The State Ombudsman will have the sole authority to make or delegate determinations concerning the disclosure of the files, records, and other information maintained by the Ombudsman Program, subject to the prohibitions on release of certain information as set forth in 101 CMR 30.16(2).(2)Disclosure of Identity of Complainant or Resident. (a) The State Ombudsman may not disclose the identity of a complainant or resident, either by name or by the release of sufficient information to allow the complainant or resident's identity to be inferred, without the informed consent of the resident, the resident's representative, or order by a court of competent jurisdiction.(b) If the resident resides in a facility, is unable to give informed consent, and has no resident representative, the State Ombudsman or an ombudsman representative will not disclose the complainant or resident's identity unless: 1. there is reasonable cause to believe that action, inaction, or a decision may adversely affect the health, safety, welfare, or rights of said resident and disclosure is in the best interest of the resident;2. there is no evidence the resident would not wish a referral to be made, including the disclosure of their identity; and3. the ombudsman representative follows the policies and procedures of the Ombudsman Program, including receipt of approval from the State Ombudsman.(3)Confidentiality of Communications. A person associated with the Ombudsman Program, including the State Ombudsman and ombudsman representatives, will, at all times, maintain and respect the confidentiality of all communications with a resident.(4)Right to Privacy. The Ombudsman Program will, at all times, respect the rights of residents and will not subject the resident to photographing, filming, videotaping, or audiotaping without the written permission and informed consent of the resident or resident representative.Adopted by Mass Register Issue 1475, eff. 8/5/2022.