R500-4-6. Processing Records Requests

(1) In accordance with Subsection 26B-2-124.2(4)(e), the ombudsman may access, copy, or inspect a program's records that are relevant to a complaint, investigation, or review concerning a child, including any: (a) clinical file; (b) medical records; (c) educational records; (d) progress notes; (e) incident report; (f) audio file; (g) video file; (h) behavioral plans; and (i) other records that pertain to the care, treatment, or well-being of the child in the provider's program. (2) The ombudsman shall submit a written request for records to the provider and specify in the request: (a) the purpose of the request; (b) the name of any child whose records are being requested; and (c) the nature of the information requested. (3)(a) Upon receipt of the ombudsman's written request, the provider shall provide the requested records to the ombudsman within three business days, unless a shorter timeframe is required for an urgent or expedited investigation, as described in Subsection (3)(d). (b) The provider shall give the ombudsman access to the requested records without requiring a release of information or consent from the child or the child's legal guardian when: (i) the ombudsman requests the records as part of the ombudsman's official duties; and (ii) the records are related to a specific complaint or investigation. (c) The provider shall deliver the records to the ombudsman in a secure, confidential manner to protect the child's privacy, such as through a secure electronic portal, encrypted email, or secure physical delivery. (d) If the ombudsman determines that a delay in receiving records would jeopardize the child's health, safety, or welfare, the ombudsman may make an expedited request for records. (i) The ombudsman shall clearly mark any expedited request as "Expedited" and include an explanation of the immediate need for the records. (ii)(A) Upon receipt of an expedited request, the provider shall provide the requested records within 24 hours. (B) If the request is received after regular business hours, the 24-hour period shall begin at the start of the next business day. (4)(a) If a provider cannot provide the requested records to the ombudsman within the timeframe specified in this section, the provider shall immediately contact the ombudsman to explain the reason for the delay and provide a firm date by which the records will be provided. (b) Any provider's delay in providing requested records, as described in Subsection (4)(a), may only be the result of unforeseen and exceptional circumstances and may not be a matter of routine practice.