Confidentiality of ombudsman's files and records, exceptions,violations, penalty.
660.605. 1. Any files maintained by the ombudsman programshall be disclosed only at the discretion of the ombudsman havingauthority over the disposition of such files, except that theidentity of any complainant or resident of a long-term carefacility shall not be disclosed by such ombudsman unless:
(1) Such complainant or resident, or the complainant's orresident's legal representative, consents in writing to suchdisclosure; or
(2) Such disclosure is required by court order.
2. Any representative of the office conducting orparticipating in any examination of a complaint who shallknowingly and willfully disclose to any person other than theoffice, or those authorized by the office to receive it, the nameof any witness examined or any information obtained or given uponsuch examination, shall be guilty of a class A misdemeanor.However, the ombudsman conducting or participating in anyexamination of a complaint shall disclose the final result of theexamination to the facility with the consent of the resident.
3. Any statement or communication made by the officerelevant to a complaint received by, proceedings before oractivities of the office and any complaint or information made orprovided in good faith by any person, shall be absolutelyprivileged and such person shall be immune from suit.
4. The office shall not be required to testify in any courtwith respect to matters held to be confidential in this sectionexcept as the court may deem necessary to enforce the provisionsof sections 660.600 to 660.608, or where otherwise required bycourt order.
Confidentiality of ombudsman's files and records, exceptions,violations, penalty.
660.605. 1. Any files maintained by the ombudsman programshall be disclosed only at the discretion of the ombudsman havingauthority over the disposition of such files, except that theidentity of any complainant or resident of a long-term carefacility shall not be disclosed by such ombudsman unless:
(1) Such complainant or resident, or the complainant's orresident's legal representative, consents in writing to suchdisclosure; or
(2) Such disclosure is required by court order.
2. Any representative of the office conducting orparticipating in any examination of a complaint who shallknowingly and willfully disclose to any person other than theoffice, or those authorized by the office to receive it, the nameof any witness examined or any information obtained or given uponsuch examination, shall be guilty of a class A misdemeanor.However, the ombudsman conducting or participating in anyexamination of a complaint shall disclose the final result of theexamination to the facility with the consent of the resident.
3. Any statement or communication made by the officerelevant to a complaint received by, proceedings before oractivities of the office and any complaint or information made orprovided in good faith by any person, shall be absolutelyprivileged and such person shall be immune from suit.
4. The office shall not be required to testify in any courtwith respect to matters held to be confidential in this sectionexcept as the court may deem necessary to enforce the provisionsof sections 660.600 to 660.608, or where otherwise required bycourt order.
Confidentiality of ombudsman's files and records, exceptions,violations, penalty.
660.605. 1. Any files maintained by the ombudsman programshall be disclosed only at the discretion of the ombudsman havingauthority over the disposition of such files, except that theidentity of any complainant or resident of a long-term carefacility shall not be disclosed by such ombudsman unless:
(1) Such complainant or resident, or the complainant's orresident's legal representative, consents in writing to suchdisclosure; or
(2) Such disclosure is required by court order.
2. Any representative of the office conducting orparticipating in any examination of a complaint who shallknowingly and willfully disclose to any person other than theoffice, or those authorized by the office to receive it, the nameof any witness examined or any information obtained or given uponsuch examination, shall be guilty of a class A misdemeanor.However, the ombudsman conducting or participating in anyexamination of a complaint shall disclose the final result of theexamination to the facility with the consent of the resident.
3. Any statement or communication made by the officerelevant to a complaint received by, proceedings before oractivities of the office and any complaint or information made orprovided in good faith by any person, shall be absolutelyprivileged and such person shall be immune from suit.
4. The office shall not be required to testify in any courtwith respect to matters held to be confidential in this sectionexcept as the court may deem necessary to enforce the provisionsof sections 660.600 to 660.608, or where otherwise required bycourt order.
