§ 10-905. Powers.

MD Human Svs Code § 10-905 (2019) (N/A)
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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 Maryland Department of Health or any other State unit with respect to long–term care facilities.