81-2260 Complaints or investigations; confidentiality; exceptions. - Nebraska Statutes

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Statutes > Nebraska > Chapter81 > 81-2260

81-2260. Complaints or investigations; confidentiality; exceptions.(1) Information relating to any complaints or investigation made pursuant to the Long-Term Care Ombudsman Act that discloses the identities of complainants, patients, residents, or clients shall remain confidential except:(a) When disclosure is authorized in writing by the complainant, patient, resident, or client or the older individual's guardian or legal representative;(b) When disclosure is necessary to an investigation of abuse, neglect, or exploitation and the disclosure is made to the Attorney General, the county attorney, or the department;(c) When disclosure is necessary for the provision of services to the patient, resident, or client and the patient, resident, or client is unable to express written or oral consent; or(d) Upon court order.(2) Access to the records and files of the office relating to any complaint or investigation made pursuant to the Long-Term Care Ombudsman Act shall be permitted only at the discretion of the state long-term care ombudsman, except that the identity of any complainant, witness, patient, resident, or client shall not be disclosed by such ombudsman except:(a) When disclosure is authorized in writing by such complainant, witness, patient, resident, or client or the older individual's guardian or legal representative;(b) Upon court order; or(c) Pursuant to subsection (3) of this section.(3) The records and files of the office shall be released to adult protective services of the department if it so requests for purposes of the Adult Protective Services Act.(4) The department shall have access to the records and files of the office to verify the effectiveness and quality of the long-term care ombudsman program. SourceLaws 1992, LB 677, § 24; Laws 1996, LB 1044, § 886; Laws 2007, LB296, § 773. Cross ReferencesAdult Protective Services Act, see section 28-348.

State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-2260

81-2260. Complaints or investigations; confidentiality; exceptions.(1) Information relating to any complaints or investigation made pursuant to the Long-Term Care Ombudsman Act that discloses the identities of complainants, patients, residents, or clients shall remain confidential except:(a) When disclosure is authorized in writing by the complainant, patient, resident, or client or the older individual's guardian or legal representative;(b) When disclosure is necessary to an investigation of abuse, neglect, or exploitation and the disclosure is made to the Attorney General, the county attorney, or the department;(c) When disclosure is necessary for the provision of services to the patient, resident, or client and the patient, resident, or client is unable to express written or oral consent; or(d) Upon court order.(2) Access to the records and files of the office relating to any complaint or investigation made pursuant to the Long-Term Care Ombudsman Act shall be permitted only at the discretion of the state long-term care ombudsman, except that the identity of any complainant, witness, patient, resident, or client shall not be disclosed by such ombudsman except:(a) When disclosure is authorized in writing by such complainant, witness, patient, resident, or client or the older individual's guardian or legal representative;(b) Upon court order; or(c) Pursuant to subsection (3) of this section.(3) The records and files of the office shall be released to adult protective services of the department if it so requests for purposes of the Adult Protective Services Act.(4) The department shall have access to the records and files of the office to verify the effectiveness and quality of the long-term care ombudsman program. SourceLaws 1992, LB 677, § 24; Laws 1996, LB 1044, § 886; Laws 2007, LB296, § 773. Cross ReferencesAdult Protective Services Act, see section 28-348.

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State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-2260

81-2260. Complaints or investigations; confidentiality; exceptions.(1) Information relating to any complaints or investigation made pursuant to the Long-Term Care Ombudsman Act that discloses the identities of complainants, patients, residents, or clients shall remain confidential except:(a) When disclosure is authorized in writing by the complainant, patient, resident, or client or the older individual's guardian or legal representative;(b) When disclosure is necessary to an investigation of abuse, neglect, or exploitation and the disclosure is made to the Attorney General, the county attorney, or the department;(c) When disclosure is necessary for the provision of services to the patient, resident, or client and the patient, resident, or client is unable to express written or oral consent; or(d) Upon court order.(2) Access to the records and files of the office relating to any complaint or investigation made pursuant to the Long-Term Care Ombudsman Act shall be permitted only at the discretion of the state long-term care ombudsman, except that the identity of any complainant, witness, patient, resident, or client shall not be disclosed by such ombudsman except:(a) When disclosure is authorized in writing by such complainant, witness, patient, resident, or client or the older individual's guardian or legal representative;(b) Upon court order; or(c) Pursuant to subsection (3) of this section.(3) The records and files of the office shall be released to adult protective services of the department if it so requests for purposes of the Adult Protective Services Act.(4) The department shall have access to the records and files of the office to verify the effectiveness and quality of the long-term care ombudsman program. SourceLaws 1992, LB 677, § 24; Laws 1996, LB 1044, § 886; Laws 2007, LB296, § 773. Cross ReferencesAdult Protective Services Act, see section 28-348.