26B-2-306. Investigation of complaints -- Procedures.
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Effective 5/3/2023
26B-2-306. Investigation of complaints -- Procedures.
(1)The ombudsman shall investigate each complaint the ombudsman receives. An investigation may consist of a referral to another public agency, the collecting of facts and information over the telephone, or an inspection of the long-term care facility that is named in the complaint.
(2)In making an investigation, the ombudsman may engage in actions the ombudsman considers appropriate, including:
(a)making inquiries and obtaining information;
(b)holding investigatory hearings;
(c)entering and inspecting any premises, without notice to the facility, provided the investigator presents, upon entering the premises, identification as an individual authorized by this part to inspect the premises; and
(d)inspecting or obtaining a book, file, medical record, or other record required by law to be retained by the long-term care facility or governmental agency, pertaining to residents, subject to Subsection
(3).
(a)Before reviewing a resident's records, the ombudsman shall seek to obtain from the resident, or the resident's legal representative, permission in writing, orally, or through the use of auxiliary aids and services to review the records.
(b)The effort to obtain permission under Subsection (3)(a) shall include personal contact with the resident or the resident's legal representative. If the resident or the resident's legal representative refuses to give permission, the ombudsman shall record and abide by this decision.
(c)If the ombudsman's attempt to obtain permission fails for a reason other than the refusal of the resident or the resident's legal representative to give permission, the ombudsman may review the records.
(d)If the ombudsman has reasonable cause to believe that the resident is incompetent to give permission and that the resident's legal representative is not acting in the best interest of the resident, the ombudsman shall determine whether review of the resident's records is in the best interest of the resident.
(e)If the ombudsman determines that review of the resident's records is in the best interest of the resident, the ombudsman shall review the records.
Renumbered and Amended by Chapter 305 , 2023 General Session