ARSD 46:33:02:03
ARSD 46:33:02:03. Access
Cite as S.D. Admin. R. 46:33:02:03
An ombudsman shall have access to long-term care facilities, home- and community-based alternative living centers, and residents. An ombudsman shall also have access to:
(1) All files, records, or other information concerning a resident, if:
(A) The ombudsman has the permission of the resident, or the legal representative of the resident; or
(B) The resident is unable to communicate consent to the review and has no legal representatives; or
(2) All files, records, or other information as is necessary to investigate a complaint, if:
(A) A legal guardian of the resident refuses to give the permission; and
(B) The ombudsman has reasonable cause to believe that the guardian is not acting in the best interests of the resident.