In conducting an investigation, the Ombudsman or an advocate may:

1. Inspect any facility for long-term care, day care center, facility for long-term rehabilitation or facility maintained by a provider of living arrangement services and any records maintained by the facility. Except as otherwise provided in this subsection, medical and personal financial records may be inspected only with the informed consent of the recipient, the legal guardian of the recipient or the person or persons designated as responsible for decisions regarding the recipient. Such consent must be obtained in accordance with the provisions of 45 C.F.R. § 1324.11(e)(2) and may be obtained orally, visually, in writing or through the use of auxiliary aids and services, as long as such consent is documented by the Ombudsman or the advocate. If the provisions of 45 C.F.R. § 1324.11(e)(2) authorize records to be inspected without the consent of the recipient, the legal guardian of the recipient or the person or persons designated as responsible for decisions regarding the recipient, the inspection may be conducted without consent.

2. With the consent of a recipient of living arrangement services, inspect the residence of the recipient.

3. Interview:

(a) Officers, directors and employees of any facility for long-term care, day care center, facility for long-term rehabilitation or provider of living arrangement services, including any licensed provider of health care as defined in NRS 629.031, who renders services to the facility or provider or recipients of services from the facility or provider.

(b) Any recipient and the legal guardian of the recipient, if any, and the family of the recipient or the person or persons designated as responsible for decisions regarding his or her care if the recipient consents to the interview.

4. Obtain such assistance and information from any agency of the State or its political subdivisions as is necessary properly to perform the investigation.

(Added to NRS by 1983, 1027; A 1989, 1486; 2009, 43; 2017, 701; 2019, 266, effective January 1, 2020)