Tenn. Comp. R. & Regs. 0030-01-09-.03

Current through October 22, 2024

Section 0030-01-09-.03 - ACCESS TO RESIDENT RECORDS

(1) Designated ombudsmen shall have access to a resident's personal, medical, and financial records under the following conditions:

(a) The ombudsman shall be in the process of assisting a resident with the resolution of a specific problem situation.

(b) Except as set out in paragraph (d) below, the ombudsman shall obtain and supply to the facility the written permission, Authority, or consent of the resident (or his/her legal representative) whose records are to be inspected prior to reviewing those records. Requests for or inspection of records shall not conflict with any other state or federal law regarding said program.

(c) Request to inspect resident records shall be made during ordinary business hours of the facility, except in emergency situations where delay might adversely affect the health, safety, or welfare of the resident. Requested information must relate directly to the specific complaint.

(d) In situations where a resident or his/her legal representative cannot give consent, ombudsmen may secure information in personal, medical, or financial records of residents by:

1. Arranging for the records to be reviewed by authorized personnel of the state licensing authorities for purposes of verifying or disclosing the existence of problems associated with the complaint; or

2. Requesting that the Attorney General take appropriate legal action to secure information in resident records.

(e) Information from resident records to support investigations regarding general conditions of the facility may be obtained by arranging for inspection of the records by authorized personnel of the state licensing and inspection authorities.

(f) Upon reasonable advance notice, the facility shall, at a reasonable charge, provide copies of resident records to the ombudsman when all the aforementioned conditions have been met.

(g) The right of access by ombudsmen to a particular resident's records under the aforesaid conditions does not in any manner imply general access to all residents' personal, medical, and financial records; nor does it authorize access to records against the wishes of a resident.

Tenn. Comp. R. & Regs. 0030-01-09-.03

Original rule filed April 26, 1983; effective May 26, 1983.

Authority: T.C.A. § 14-6-105.