Page:United States Statutes at Large Volume 106 Part 2.djvu/398

 106 STAT. 1278 PUBLIC LAW 102-375—SEPT. 30, 1992 "(11) facilitate the ability of the public to comment on the laws, regulations, policies, and actions; "(vi) support the development of resident and family councils; and "(vii) carry out other activities that the Ombudsman determines to be appropriate. "(C) ELIGIBILITY FOR DESIGNATION. — Entities eligible to be designated as local Ombudsman entities, and individuals eligible to be designated as representatives of such entities, shall— "(i) have demonstrated capability to carry out the responsibilities of the Office; "(ii) be free of conflicts of interest; "(iii) in the case of the entities, be public or nonprofit private entities; and "(iv) meet such additional requirements as the Ombudsman may specify. "(D) POUCIES AND PROCEDURES. — " (i) IN GENERAL. —The State agency shall establish, in accordance with the Office, policies and procedures for monitoring local Ombudsman entities designated to carry out the duties of the Office. "(ii) POLICIES.—In a case in which the entities are grantees, or the representatives are employees, of area agencies on aging, the State agency shall develop the policies in consultation with the area agencies on aging. The policies shall provide for participation and comment by the agencies and for resolution of concerns with respect to case activity. "(iii) CONFIDENTIALITY AND DISCLOSURE.— The State agency shall develop the policies and procedures in accordance with all provisions of this subtitle regarding confidentiality and conflict of interest. "(b) PROCEDURES FOR ACCESS.— "(1) IN GENERAL.—The State shall ensure that representatives of the Office shall have— "(A) access to long-term care facilities and residents; "(B)(i) appropriate access to review the medical and socialrecordsof a resident, if— "(I) the representative has the permission of the resident, or the legal representative of the resident; or "(II) the resident is unable to consent to the review and has no legal representative; or "(ii) access to the records as is necessary to investigate a complaint if— "(I) a legal guardian of the resident refuses to give the permission; " "(II) a representative of the Office has reasonable cause to believe that the guardian is not acting in the best interests of the resident; and "(III) the representative obtains the approval of the Ombudsman; "(C) access to the administrative records, policies, and documents, to which the residents have, or the general public has access, of long-term care facilities; and

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