502 Requests for Information Related to Specific Cases

  1. The OR shall not confirm or deny to another party whether a particular resident or complainant made contact with the LTCOP without the permission of the resident or complainant.

  2. Where a request is made for OR information related to a specific case, the SLTCO or designee shall be contacted for determination of whether disclosure is appropriate. Requests made under the Georgia Open Records Act or rules of discovery for litigation shall be subject to federal requirements limiting the disclosure of information by the LTCOP.

  3. The SLTCO or designee shall determine whether to disclose all or part of the records as follows:

    1. Written

      The SLTCO shall require that the request be made in writing and may require a copy of the request before determining the appropriate response. Where the request is made orally or by the use of auxiliary aids and services or visually by a resident, complainant, or legal representative of the resident or complainant, the request must be documented immediately and filed as an OR record by the OR to whom consent was communicated in order to meet this requirement.

    2. Resident wishes/interest

      The SLTCO shall review the request with the relevant LTCOP to determine whether the release of all or part of the records would be consistent with the wishes or interest of the relevant resident(s). SLTCO shall determine whether any part of the records should be redacted (i.e. all identifying information removed). The identities of residents or complainants who have not provided express consent for the release of their names shall not be revealed. Such consent must be in writing or made orally, and documented immediately and filed as an OR record by the OR to whom consent was communicated.

    3. Removal of identity of residents or complainants

      The SLTCO shall determine whether any part of the records should be redacted (i.e. all identifying information removed). The identities of residents or complainants who have not provided express consent for the release of their names shall not be revealed. Express consent must be in writing or through the use of auxiliary aids and services or communicated orally or visually, documented immediately and filed as an OR record by the OR to whom consent was communicated.

    4. Source of request

      The SLTCO or designee shall consider the source of the request as follows:

      Table II-A LTCO Records: Source of Request
      IF the request for Ombudsman Representative records is made by… THEN the SLTCO or designee shall…

      a resident

      release any records generated by the OR which are directly relevant to that resident provided that the identity of other residents or complainants is redacted.

      a complainant or by the legal representative of a complainant or resident

      release any records generated by the OR which are directly relevant to that resident or complainant provided that:

      1. the SLTCO has no reason to believe that the release shall be in conflict with the wishes or interest of the relevant resident, and

      2. the identity of other residents or complainants is redacted.

      another agency or program

      release the records only if:

      1. the resident has provided consent (if the resident is unable to provide consent, the resident’s legal representative may provide consent.) and

      2. the identities of residents or complainants who have not provided consent for the release of their names are not revealed.

      where federal requirements conflict with Georgia law, the federal requirements take precedence.

      a judge

      1. release any records directly responsive to a court order, and

      2. provide an explanation to the court regarding the importance of not revealing the identity of residents and complainants and/or requesting the court to seal the OR records where the SLTCO determines that the release of records would be inconsistent with the wishes or interest of the resident.

      any other party

      release the records only if:

      1. the resident has provided consent (if the resident is unable to provide consent, the resident’s legal representative may provide consent) and

      2. the identities of residents or complainants who have not provided consent for the release of their names are not revealed.

    5. type of request — The SLTCO or designee shall consider the type of request as follows:

      Table II-B LTCO Records: Type of Request
      IF the request was made as… THEN the SLTCO shall…

      a general written request (e.g., a letter)

      follow the steps II-502, b, i)-iv), above.

      a formal discovery request

      1. follow the steps II-502, b, i)-iv), above,

      2. obtain appropriate legal counsel, and

      3. provide legal counsel with information sufficient to object to requests which would require revealing the identities of residents or complainants.

      an open records act request

      1. follow the steps II-502, b, i)-iv), above; and

      2. respond according to the procedures set forth in the Georgia Open Records Act.

      Where federal requirements conflict with Georgia law, the federal requirements take precedence.

      a subpoena

      1. follow the steps II-502, b, i)-iv), above; and

      2. make a court motion to quash the subpoena where the SLTCO determines that the release of records would be inconsistent with the wishes or interest of the resident.

      a court order

      1. release any records directly responsive to the order; and

      2. provide an explanation to the court regarding the importance of not revealing the identity of residents and complainants and/or requesting the court to seal the LTCO records where the SLTCO determines that the release of records would be inconsistent with the wishes or interest of the resident.

References

OAA § 712 (d); O.C.G.A. § 31-8-58; DAS Procedural Issuance No. 88; O.C.G.A. § 50-18-70