Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-19 - Case records and reporting of core services

Current through all regulations passed and filed through July 1, 2024
(A) The complaint case record shall include
			 only objective observations of items such as the consumer's physical condition,
			 behavior, conversations, and other facts that are revealed during the course of
			 the investigation. In addition, where appropriate to the complaint, all complex
			 complaint case records shall contain the data required in ODIS.
(B) Documentation of advocacy and
			 general-information services shall include only objective information required
			 in ODIS.
(C) All records shall be
			 retained by the SLTCO or regional programs for three years after the case is
			 closed.
(D) Representatives shall
			 contemporaneously document all activity in ODIS within six days after the
			 activity is performed. For the purposes of this paragraph, "contemporaneously"
			 means activity is documented within six days after the activity is
			 performed.
(E) Access to case
			 records and other reports of ombudsman activity contained in ODIS is limited to
			 representatives.
(F) Information
			 contained in the records maintained by the office and the regional programs
			 shall be released only at the discretion of the SLTCO. Identities of consumers,
			 witnesses, and complainants shall not be released absent a court order.
(1)
									
									If a party outside of the office wants to request
			 a record
									(either in whole or in part),  deposition, or
			 
									testimony in an administrative or judicial proceeding,
			  the 
									party must 
									make its request
									 to the office or the regional
			 program 
									to be considered.
(2) When any representative receives a
			 request for a record
									(either in whole or in part), the representative shall notify the SLTCO in
			 writing or email within one business day. When
			 any representative receives a request 
									for deposition or
			 
									testimony in an administrative or judicial proceeding,
			 the representative shall notify the SLTCO immediately by telephone.
(3) Within one business day after
			 notification, the ombudsman shall, in a format
			 prescribed by the SLTCO,
									
									provide the SLTCO with the written
			 or emailed request 
									along with a
			 completed form approved by the SLTCO  describing the case
			 involved, the circumstance for the request, and other required information
			 .
(4) The SLTCO or
			 the designee of the SLTCO shall review the records requested and discuss the
			 circumstance with the ombudsman to discuss whether to release or withhold
			 records.
(5) As appropriate, the
			 SLTCO or the designee of the SLTCO shall secure permission from the consumer or
			 complainant to release identity. Names and identifying information about
			 consumers, complaints, and/or witnesses shall not be released without written
			 consent of the affected individuals or their legally authorized representatives
			 who have the proper scope of authority to provide such consent, unless required
			 by court order. The SLTCO may request that the regional ombudsman seek the
			 required consent.
(6) The SLTCO or
			 the designee of the SLTCO shall consult with legal counsel as needed.
(7) As necessary, and as requested by the
			 SLTCO, the role of the SLTCO's legal counsel shall include the following:
(a) Negotiating with the party issuing the
			 request in order to implement the SLTCO determination.
(b) Explaining the confidentiality
			 restrictions.
(c) Advising the
			 SLTCO on the risks and benefits of disclosure.
(d) Taking action to quash the
			 request.
(e) Being present during
			 deposition or testimony.
(8) When an ombudsman advocates for a
			 consumer at an administrative hearing (e.g., discharge hearing,
			 medicare/medicaid appeal hearing) according to an established action plan, the
			 ombudsman may present copies of consumer medical records obtained during the
			 course of the investigation with consumer consent as it is determined necessary
			 to advocate for the consumer and according to ombudsman laws, rules, and
			 policies to protect confidentiality.