Page:United States Statutes at Large Volume 92 Part 2.djvu/246

 92 STAT. 1526

Record access and disclosure.

Reporting system.

Nutrition services.

PUBLIC LAW 95-478—OCT. 18, 1978 priate private nonprofit organization which is not responsible for licensing or certifying long-term care services in the State or which is not an association (or an affiliate of such an association) of long-term care facilities (including any other residential facility for older individuals), a long-term care ombudsman program which will— "(i) investigate and resolve complaints made by or on behalf of older individuals who are residents of longterm care facilities relating to administrative action which may adversely affect the health, safety, welfare, and rights of such residents; "(ii) monitor the development and implementation of Federal, State, and local laws, regulations, and policies with respect to long-term care facilities in that State; "(iii) provide information as appropriate to public agencies regarding the problems of older individuals residing in long-term care facilities; "(iv) provide for training volunteers and promote the development of citizen organizations to participate in the ombudsman program; and "(v) carry out such other activities as the Commissioner deems appropriate; "(B) establish procedures for appropriate access by the ombudsman to long-term care facilities and patients' records, including procedures to protect the confidentiality of such records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of such complainant or resident, or upon court order; "(C) establish a statewide uniform reporting system to collect and analyze data relating to complamts and conditions in long-term care facilities for the purpose of identifying and resolving significant problems, with provision for submission of such data to the agency of the State responsible for licensing or certifying long-term care facilities in the State and to the Commissioner on a regular basis; and "(D) establish procedures to assure that any files maintained by the ombudsman program shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless— "(i) such complainant or resident, or his legal representative, consents in writing to such disclosure; or "(ii) such disclosure is required by court order; " (13) provide with respect to nutrition services that— "(A) each project providing nutrition services will be available to individuals aged 60 or older, and to their spouses; "(B) each project will provide meals in a congregate setting, except that each such project may provide home delivered meals based upon a determination of need made by the recipient of a grant or contract entered into under this title; "(C)(i) each project will permit recipients of grants or contracts to charge participating individuals for meals furnished in accordance with guidelines established by the Commissioner, taking into consideration the income ranges of eli^ble individuals in local communities and other sources of mcome of the recipients of a grant or contract; and

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