Availability of Reports; Disclosure of Information

(A) Disclosure of Information while an Investigation is Pending. Upon written request by any person, the Department shall provide the following information about a pending investigation into a report of suspected patient or resident abuse, neglect, mistreatment or misappropriation of property: (1) the date on which Department staff visited the facility, home health agency, homemaker agency, hospice program or patient’s residence to conduct the investigation; (2) the estimated date on which the Department expects to complete its investigation and issue its written report; and (3) information about any actions taken by the Department or by the facility, home health agency, homemaker agency or hospice program to protect and ensure the health and safety of patients or residents. (B) Confidentiality of Reports. (1) any oral or written report of suspected patient or resident abuse, neglect, mistreatment or misappropriation of patient or resident property which is made to the Department pursuant to 105 CMR 155.000, or any contents thereof, shall be confidential. (2) the written report issued by the Department at the conclusion of its investigation shall be confidential and shall be made available only to those persons and entities listed in 105 CMR 155.008(D)(2), and the following: (a) the patient or resident in question, his or her legal representative, the appropriate professional board of registration or a social worker assigned to the patient’s or resident’s case, may, upon written request and approval of that request by the commissioner, receive a copy of the Department’s report. (b) the report shall not be made available to any other persons unless the person obtains the written, informed consent of the patient or resident in question or the written approval of the commissioner or an order of a court of competent jurisdiction. (3) Any and all notes, papers, documents or other investigative materials collected, prepared or compiled by Department staff during the course of its investigation into any case of suspected patient or resident abuse, neglect, mistreatment or misappropriation of patient or resident property shall be confidential and shall not be disclosed or otherwise made available to any person except duly authorized staff of the Department and the Attorney General.