§ 10-905. Powers.

   In accordance with requirements of the federal Older Americans Act, an ombudsman shall have access to:

   (1) long-term care facilities and residents;

   (2) the medical and social records of a resident, if:

      (i) the ombudsman has the permission of the resident or the legal representative of the resident; or

      (ii) the resident is unable to consent and has no legal representative;

   (3) the records that are necessary to investigate a complaint if:

      (i) a legal guardian of the resident refuses to give permission to access the records;

      (ii) the ombudsman has reasonable cause to believe that the guardian is not acting in the best interests of the resident; and

      (iii) the ombudsman obtains the approval of the State Long-Term Care Ombudsman;

   (4) the administrative records, policies, and documents of long-term care facilities to which the residents or members of the general public have access; and

   (5) copies of all licensing and certification records maintained by the Department of Health and Mental Hygiene or any other State unit with respect to long-term care facilities.

HISTORY: 2010, ch. 155, § 2.