The Florida Senate

400.0081  Access.--

(1)  The Office of State Long-Term Care Ombudsman, the State Long-Term Care Ombudsman Council, and the local long-term care ombudsman councils, or their representatives, shall have access to:

(a)  Long-term care facilities and residents.

(b)  Medical and social records of a resident for review, if:

1.  The office has the permission of the resident or the legal representative of the resident; or

2.  The resident is unable to consent to the review and has no legal representative.

(c)  Medical and social records of the resident as necessary to investigate a complaint, if:

1.  A legal guardian of the resident refuses to give permission.

2.  The office has reasonable cause to believe that the guardian is not acting in the best interests of the resident.

3.  The representative obtains the approval of the ombudsman.

(d)  The administrative records, policies, and documents to which the residents, or the general public, have access.

(e)  Upon request, copies of all licensing and certification records maintained by the state with respect to a long-term care facility.

(2)  Notwithstanding paragraph (1)(b), if, pursuant to a complaint investigation by the state ombudsman council or a local ombudsman council, the legal representative of the resident refuses to give permission for the release of the resident's records, and if the Office of State Long-Term Care Ombudsman has reasonable cause to find that the legal representative is not acting in the best interests of the resident, the medical and social records of the resident must be made available to the state or local council as is necessary for the members of the council to investigate the complaint.

(3)  The Department of Elderly Affairs, in consultation with the ombudsman and the State Long-Term Care Ombudsman Council, shall adopt rules to establish procedures to ensure access as described in this section.

History.--ss. 11, 30, ch. 93-177; s. 131, ch. 2000-349; s. 51, ch. 2000-367.