[§349-22]  Access to long-term care
facilities.  (a)  A long-term care facility shall permit immediate access
to the long-term facility and to the residents of the long-term care facility
to the long-term care ombudsman or designee at any time deemed necessary and
reasonable by the long-term care ombudsman for the performance of the duties
and functions under this part.



(b)  Access to the residents of the long-term
care facility shall include the provision of privacy.



(c)  A long-term care facility shall permit
access by the long-term care ombudsman or designee to all resident records or
portions thereof necessary for the long-term care ombudsman to evaluate the
merits of any complaint; provided that resident records shall be divulged only
with the written consent of the resident or the resident's legal
representative.



(d)  The long-term care ombudsman shall report
violations of this section to the department of health.



(e)  The department of health shall adopt
rules, including the establishment of administrative fines or other penalties,
pursuant to chapter 91 for the violation of this section. [L 1979, c 206, §2(2);
am L 2007, c 93, §6]