R500-4-8. Confidentiality

(1) The office may only disclose records maintained by the Congregate Care Ombudsman Program in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. (2) The ombudsman may not disclose the identity of a complainant or entity named in the complaint unless: (a) the complainant or the legal representative of the complainant consents verbally or in writing; (b) a court orders disclosure; or (c) the ombudsman approves the disclosure, as part of an investigation involving the complainant, to an agency that: (i) has statutory responsibility: (A) for the complainant; (B) over the action alleged in the complaint; or (C) for another entity named in the complaint; (ii) can assist the ombudsman to achieve resolution of the complaint; or (iii) can provide expertise that would benefit the complainant. (3) The ombudsman may only be required to testify in court with respect to confidential matters when a court finds the ombudsman's testimony necessary to enforce this section.