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

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

(c)  A long-term care facility shall permitaccess by the long-term care ombudsman or designee to all resident records orportions thereof necessary for the long-term care ombudsman to evaluate themerits of any complaint; provided that resident records shall be divulged onlywith the written consent of the resident or the resident's legalrepresentative.

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

(e)  The department of health shall adoptrules, 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]