501 Access to Long-Term Care Ombudsman Information | LTCO-5100-MANUAL
501.1 State Ombudsman access
All Long-Term Care Ombudsman Program (LTCOP) information and records including case files, activity and complaint logs, and related information, are the property of the Office of the State Long-Term Care Ombudsman (OSLTCO). The State Long-Term Care Ombudsman (SLTCO) or designee has access to all such LTCOP records at all times for any purpose.
501.2 Ombudsman Representative (OR) access
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Each OR has access to records of the local Ombudsman (LE) entity for which he or she serves.
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For the purpose of providing temporary coverage for another LE, an OR may have access to the LTCOP records of any other local Ombudsman entity to the extent necessary to provide such coverage.
501.3 The State agency, and LEs
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For purposes of monitoring and supervising the LTCOP, the State agency as a part of the Georgia Department of Human Services and the relevant LE may review reports which reflect the activities and aggregate complaint processing information of the LTCOP, including activity reports and complaint summary reports. The State agency, AAA, or LE may not review records which disclose or imply the identity of any resident or complainant.
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No state agency, AAA, or LE may require an OR to disclose the identity of a complainant or resident except as specifically provided by these procedures.
501.4 Access to OR aggregate information by all other persons or entities
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OR information can be helpful to consumers making decisions about placement in a long-term care facility, other agencies with responsibilities to residents of long-term care facilities, researchers, and other parties.
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Aggregate information of OR activities performed, or complaint processing information may be provided by an OR upon request to any party with the following limitations:
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Complaint histories may include the type of issue investigated and whether or not the OR verified the complaint. However, information which could be used to identify a specific complaint or resident cannot be provided, including specific dates, resident-identifying information, or complainant-identifying information.
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When providing a complaint history of a specific facility, the information must:
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Relate to only those complaints for which investigation findings are complete (not on-going).
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Include complaints received at the facility during a period of one year or more, in order to avoid identification of specific complaints.
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501.5 Duty of ORC to maintain OR records
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The ORC shall maintain OR case files and other written records pertaining to OR complaint processing and activities in an organized fashion so that records can be readily retrieved as needed by the SLTCO or designee.
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Case records maintained by the LTCOP may not be released, disclosed, duplicated, or removed by anyone who is not an OR or volunteer without the written permission of the SLTCO.
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The ORC shall retain case files and other written records for a minimum of the previous six state fiscal years and the current state fiscal year. Destruction of records should be done in a manner that will protect resident and complainant confidentiality (e.g., shredding). In determining whether to maintain records past six fiscal years and the current state fiscal year, the ORC should consider whether other sources for the information may exist and whether a case file might be needed for future reference.
501.6 Maintaining security and confidentiality of information
For example communications of resident-specific information should not be shared over e-mail or other electronic means unless adequate security measures have been taken to protect the security of the communications.