Section 10-905 - Powers.

§ 10-905. Powers.
 

In accordance with requirements of the federal Older Americans Act, an ombudsman shall have access to: 

(1) long-term care facilities and residents; 

(2) the medical and social records of a resident, if: 

(i) the ombudsman has the permission of the resident or the legal representative of the resident; or 

(ii) the resident is unable to consent and has no legal representative; 

(3) the records that are necessary to investigate a complaint if: 

(i) a legal guardian of the resident refuses to give permission to access the records; 

(ii) the ombudsman has reasonable cause to believe that the guardian is not acting in the best interests of the resident; and 

(iii) the ombudsman obtains the approval of the State Long-Term Care Ombudsman; 

(4) the administrative records, policies, and documents of long-term care facilities to which the residents or members of the general public have access; and 

(5) copies of all licensing and certification records maintained by the Department of Health and Mental Hygiene or any other State unit with respect to long-term care facilities. 
 

[2010, ch. 155, § 2.]