62A-3-206 - Investigation of complaints -- Procedures.
62A-3-206. Investigation of complaints -- Procedures.
(1) (a) The ombudsman shall investigate each complaint he receives. An investigationmay consist of a referral to another public agency, the collecting of facts and information over thetelephone, or an inspection of the long-term care facility that is named in the complaint.
(b) The ombudsman shall notify any complainant of its decision to not pursueinvestigation of a complaint after the initial investigation and the reasons for the decision.
(2) In making any investigation, the ombudsman may engage in actions it deemsappropriate including, but not limited to:
(a) making inquiries and obtaining information;
(b) holding investigatory hearings;
(c) entering upon and inspecting any premises, without notice to the facility, provided theinvestigator identifies himself upon entering the premises as a person authorized by this part toinspect the premises; and
(d) inspecting or obtaining any book, file, medical record, or other record required by lawto be retained by the long-term care facility or governmental agency, pertaining to elderlyresidents, subject to Subsection (3).
(3) (a) Before reviewing a resident's records, the ombudsman shall seek to obtain writtenpermission to review the records from the institutionalized elderly person or his legalrepresentative.
(b) The effort to obtain permission under Subsection (3)(a) shall include personal contactwith the elderly resident or his legal representative. If the resident or legal representative refusesto sign a release allowing access to records, the ombudsman shall record and abide by thisdecision. If the attempt to obtain a signed release fails for any other reason, the ombudsman mayreview the records.
(4) Following any investigation, the ombudsman shall report its findings andrecommendations to the complainant, elderly residents of long-term care facilities affected by thecomplaint, and to the long-term care facility or governmental agency involved.
Amended by Chapter 324, 2010 General Session