HRS §349-22
Access rules for long-term care facilities
This section says long-term care facilities must let the ombudsman in to see residents and records when needed. Residents get privacy during visits. Records need written permission from the resident or their legal representative. Violations are reported to the health department, which can set fines.
The statute, as written — Access to long-term care facilities
(a) A long-term care facility shall permit immediate access to the long-term facility and to the residents of the long-term care facility to the long-term care ombudsman or designee at any time deemed necessary and reasonable by the long-term care ombudsman for the performance of the duties and functions under this part. (b) Access to the residents of the long-term care facility shall include the provision of privacy. (c) A long-term care facility shall permit access by the long-term care ombudsman or designee to all resident records or portions thereof necessary for the long-term care ombudsman to evaluate the merits of any complaint; provided that resident records shall be divulged only with the written consent of the resident or the resident's legal representative. (d) The long-term care ombudsman shall report violations of this section to the department of health. (e) The department of health shall adopt rules, including the establishment of administrative fines or other penalties, pursuant to chapter 91 for the violation of this section.
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