0030-01-09-.03
Access To Resident Records
Cite as Tenn. Comp. R. & Regs. 0030-01-09-.03
(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.